Overtime

Q. We have always had the option to take the hours that we have worked as overtime either in pay or as time off in lieu. Recently where someone has needed time off to care for dependants (paid leave at our workplace), the time that they have been absent has been deducted from their accrued overtime. Is this legal?

A. Given the length of time over which the overtime policy has operated, it may well be possible that it has gained (if it did not already expressly have) contractual status.

Other relevant factors are how well known the policy is and how consistently it has been applied. Assuming that there is a contractual entitlement to paid overtime, preventing someone from receiving it will very likely amount to an unlawful deduction from wages under sections 13-27 of the Employment Rights Act 1996.

A grievance should be lodged directly, followed by a tribunal claim, if necessary, within no more than three months.

Additionally, the fact that the employer is keen to reduce the amount of time off to care for dependants, may suggest that there is an organisational intolerance of family-based absence. This will be relevant information for any employee who, struggling to meet work and family responsibilities is on the receiving end of an unsympathetic or unsupportive attitude on the part of the employer. Such an individual should consider whether they are suffering discrimination on the grounds of gender.