Last permie job - unpaid overtime

**northernladuk** · 27 May 2010, 10:41

Prolly need more information than this to give you accurate advice. My initial thought would be stuff your boss. He doesn't pay you, the company does so speak to HR or accounts but you haven't made it clear as to the size of the company. Is your old boss the owner or just a manager?

Do you have all the evidence? If so start reading up on employment law or go see citizens advice. Seems pretty clear cut and once he has a whiff you are happy to bring in some big guns he will pay up sharpish

**h8mmer** · 27 May 2010, 11:31

100+ employees, I have emails relating to the OT and can get statements from at least two of the other guys to say they were paid but theres nothing actually saying they "will pay me". Its OT which was agreed to, justified after being worked and should have been paid 2 months ago (like it was to the other guys) so I cannot see they have a leg to stand on.

My boss is one of the owners, a very queer fish indeed so I can imagine hes doing this less for the finances than some petty grievance he has over me leaving.

I have a free call with a solicitor later to discuss this, if anything useful crops up I'll pass on the advice.

**Epiphone** · 27 May 2010, 12:38

Special Delviery letter to the FD askign for payment in 7 days or small claims court. If no payment, sue. If you get judgement and they don't pay issue a winding up order.

Make sure you have proof you are owed the overtime. Verbal agreements and "understandings" aren't proof - they're a learning experience.

**h8mmer** · 27 May 2010, 13:39

cheers.

From my POV my OT claim went in, I was asked to justify the hours (worked like a trojan during go-live) and offered proof of the hours - getting the client to agree those were the hours worked, security and VPN logs etc.

As soon as my notice went in all went quiet so I've had nothing to say there was a problem either way (despite me chasing).

**h8mmer** · 27 May 2010, 14:18

For everyones knowledge base:

The solicitor has told me there are two possible routes to persue this, 1/ Issue a small claims against the co or 2/ go to an employment tribunal on the grounds of 'unlawful deduction from wages'.
Apparently you have 3 months from OT claim to lodge a case against the firm, after that forget about it.

Either way first thing to do, as Epiphone suggests, is to send a demand to HR or FD with a deadline of payment of 7 days.

**kaiser78** · 27 May 2010, 19:59

Originally posted by h8mmer View Post

Hi All - 1st post on here so be gentle!!

I have finally started contracting after many a year threatening to do so and having left my permie job in as proffesional manner as possible I've just found out that the £2K OT I am due has not been paid although it has been paid to the other 3 members of the team I was working with.
MY old boss is 'uncontactable' and I'm getting mightily annoyed at them messing me around (especially as the OT was already ear marked for something).
Anyone know what my rights are here and what steps I can take to try and get what I'm owed?

H8mmer

Let it go - you'll soon make it up now that you are contracting....

**SueEllen** · 27 May 2010, 22:32

Originally posted by kaiser78 View Post

Let it go - you'll soon make it up now that you are contracting....

I wouldn't. Too many employers try and screw staff over.

Either ensure everyone in the company knows what kind of person the boss is so when they plan their escapes they don't get screwed over, or if the company definitely doesn't have financial difficulties then take them to court to get the money.

**d000hg** · 27 May 2010, 22:57

Originally posted by kaiser78 View Post

Let it go - you'll soon make it up now that you are contracting....

No way. Write a very formal, stinky letter, tell your local paper, etc etc.

**NotAllThere** · 28 May 2010, 06:49

Get the Directors' home addresses from Companies House, and don't forget to send any copies of communications there as well.

Last permie job - unpaid overtime