Weekend overtime for salaried position

ectoraige

I work in the IT department for a non-IT sector business. In order to do things like system updates, test backups and ensure the reliability of redundant system my colleague and I occasionally work a few hours on Saturdays or Sundays. This is a practice that began after my initial employment so there's nothing specific in my contract.


When we began, it was agreed we would be paid time-and-a-half for the hours spent, it was mentioned too that we could alternatively claim time-in-lieu but we didn't opt for it.


I decided for family reasons that I wanted to begin taking time-in-lieu instead when we do this work. However, the company has told me that I will only be given time on an hour-for-hour basis, I had expected the hours to be given at a time-and-a-half basis.


Looking at the Organisation of Working Time act there doesn't seem to be anything specific, although Section 14 seems to give an expectation those who work on Sundays will receive additional compensation.


All my contract says is that my normal working hours are Mon-Fri, but from time to time I may be required to be more flexible to meet the needs of the business, and this will be done in accordance with the act.


What would be the norm in situations like this?

OMM 0000

If I was happy, and I wanted to build a career in that company, I would accept it.

I am assuming the company is usually nice to me.

ectoraige

OMM 0000 wrote: »

If I was happy, and I wanted to build a career in that company, I would accept it.

I am assuming the company is usually nice to me.

Yeah, I'm not and they're not.

OMM 0000

ectoraige wrote: »

Yeah, I'm not and they're not.

OK. That changes things.

I guess you could say it's not worth it for you, and stop doing it.

Family time is much more important...

cruizer101

How often is occasionally? Once or twice a year probably not worth the hassle to make an issue of it.

splinter65

WRC say that you must be paid for all the hours that you work but “overtime” is a contractual matter between you and your employer. If your employer is not sticking to the terms and conditions you and he agreed to then it’s a legal matter.
WRC won’t be interested.

Evd-Burner

I work in IT and like you do OT on weekends etc when cover is needed. We got 1.5x Saturday and 2x Sunday for OT.

If we take time in lieu it is given only at 1x and not 1.5x or 2x etc. We argued like mad and were stone walled, basically we were told that the extra would be lost as we would then be working less hours etc. As I am happy and the company is generally good I left it at that.

Tacitus Kilgore

My current company tried the same thing with me -

Work the odd saturday and you can get a day off in lieu...

I did 2 saturdays for them, but we were always too busy to take a day in lieu when I wanted it.


Since then, if I'm asked to come in on a Saturday - my reply is - "not unless there's a wad of cash waiting for me when I get in there"

I don't get asked anymore.

Mrs OBumble

You're a salaried employee in an industry where out of hours work is a normal expected part of the job.

TOIL on a like for like basis is totally usual.

Be grayeful: many companies don't even offer that.

irking

Any place I have worked where we were paid overtime, the time in lieu was always on a 1 for 1 basis so it was always worth more to get paid.

KERSPLAT!

Same for me, time in lieu is 1 for 1

Bandana boy

If you take time in lieu you have done no overtime just spread your hours into the weekend , hence the overtime rate not kicking in

Deagol

I had similar issue, I get paid 1.5x and 2x but company at one time tried to force me to take time in lieu instead and would only go time for time. Luckily my contract is quite specific and I refused their kind offer and insisted on being paid.

meeeeh

You are not working overtime if you are taking time in lieu so I don't know why overtime rate would apply.

heroics

I work salaried in IT as well and OT is paid 1.5 sat and Double sundays but TOIL is time for time.

PCeeeee

You are however working 'unsocial' hours if you work weekends. Unsocial hours can attract a shift premium in some places.

antix80

Time in lieu is usually given hour-for-hour. But it depends on company policy or what you agree with your manager. You're probably best taking 1.5x pay and just try to take unpaid leave later in the year.
One reason for time in lieu not being offered at 1.5x is because it doesn't make sense to take people in at the weekends to catch up, then give people even more time off over the following week. Obviously, that's not applicable to you but that's probably the reasoning behind the company's policy.

ectoraige

Thanks for the replies, I'll just grab the money and run.

micks

ectoraige wrote: »

Thanks for the replies, I'll just grab the money and run.

TIL has been 1:1 everywhere I've come across it which has been a lot

There is a way around it kind of

Take the money / OT and use unpaid leave (if an option) another time.

I worked with lad once who regularly rang in sick for one day (mon-fri)
and worked every sat - he reckon he was getting more for his "5 day" week

Only lasted a few months till they stopped asking him in sat

dennyk

Agree with everyone else; TIL is rarely given on a basis greater than 1:1, and it's really not unreasonable when you think about it. Giving TIL at greater than 1:1 is unsustainable; folks work a bunch of overtime due to business needs and collect tons of time off that they have to take eventually, which then creates issues with projects not being completed or the company being short-staffed. This results in the remaining employees having to work even more extra hours to keep up, which just results in them earning even more time off and makes the whole problem even worse. Eventually they'd either have to hire a bunch of extra staff that they don't really need to cover the shortages, or piss everyone off by constantly denying people's TIL leave requests. It can *maybe* work as a once-in-a-great-while one-off sort of deal ("Hey, we have an emergency this weekend, if you can come in on Saturday we'll give you a couple days off next week..." or some such), but not at a place where OT and extra night/weekend work is the norm in some departments.

Plus, they are still offering you the option of taking the 1.5x pay instead. Either of those options are a pretty damn good deal, really; there's plenty of us IT folks who get absolutely nothing for working extra hours in the nights or weekends.

LuckyLloyd

I think what's important for you to know here is that there is no rule or legislation that prevents them from taking this approach. You would need something to refer to in your contract; precedent in the workplace (and even then that isn't a rule) or some manner of union agreement (which I'm going to safely assume doesn't apply).

You could say you won't be able to work some of the weekends going forward, that it isn't in your contract to do them all, in an attempt to force the issue. If you're a key resource that is difficult to replace in the market maybe you have the leverage to force their hand. If going this route however, I suggest you confine the chat to closed door meetings with your manager and don't speak about your approach or objectives with those on the floor. Make it so it's an arrangement you're looking for on the back of your own leverage: not a general issue / argument involving everyone.

That's taking a difficult path though, and it will involve stress and confrontation. So weigh up that reality before proceeding on that basis.

s7ryf3925pivug

Where I work: Time in lieu is one to one and not always offered. One to one payment has recently been offered as an alternative where time in lieu is on offer. Business travel on the weekend is compensated with one day in lieu per weekend day travelling/away.

You can work around in your case. Accept the overtime at 1.5X. Then take unpaid parental leave at 1X as required.

uck51js9zml2yt

ectoraige wrote: »

Thanks for the replies, I'll just grab the money and run.

Just check how much you come out with. After tax etc you may be better off taking the TOIL.