Change of T&Cs

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
1

Opinions or better still facts on this please.
A guy at work, not driver, was sent to the Falklands for a month. Same pay but also a day rate bonus ( obviously not a driver). He was told to charge all time to jobs so exceeded normal hours and incurred O/T also. He checked with manager in UK and was told this was OK.
Now he is being told he couldn’t claim O/T and will have to pay it back. The only thing he has in writing is the “O/T OK” e-mail.

  1. Should he have had an amended cnntract with all hours/ pay etc before he went? I.e. company in breach not giving one.

  2. As he has a mail saying O/T OK, can they claim it back?

Thanks in advance.

2

Tell him I said he can charge O/T at triple pay.

Unless the person granting the terms is authorised to do so, he may as well take my terms.

3

He has the email so that is all the proof needed although he’ll need to print the full email out showing all the header info so it shows it came from the company.

For this very reason my agency text the work and any changes in rate (i.e getting paid night rates on days when I do them) so there is no arguments. Mates agency texts the job and the hourly rate with every job for the same reason.

4

Personally, I would stick to my guns if I were in that situation. He was told via email that O/T is ok. He has worked O/T. He should be compensated for it.

If it went to small claims court, I’d like to see how the employer could explain what his ‘representative’ meant by O/T OK; what this term normally means/meant to the employee; and if there was any doubt, why was this not resolved at the earliest opportunity…

5

If the employer says that the o/t was not authorised by him but the op has an email saying o/t is authorised then they can not claim it back but possible to claim the money back from the person who gave the OK to do the o/t

6

Rangehange, like the sound of claiming from the manager! Large company too, think they’d know better.
Oh right, this is the real world !!!

7

Conor:
He has the email so that is all the proof needed although he’ll need to print the full email out showing all the header info so it shows it came from the company.

For this very reason my agency text the work and any changes in rate (i.e getting paid night rates on days when I do them) so there is no arguments. Mates agency texts the job and the hourly rate with every job for the same reason.

Always ask the rate. Doesn’t help because I’m owed overtime anyway. Best Connection. Just don’t.

If you can help it don’t do agency work. It’s all ■■■■■■■■ and it’s all a swindle.

8

Company had a guy down there for 6 months on 7.5 hrs & day rate then verbally said capture time against job hence o/t kicked in. No written instruction of how to record time properly, classic half asred effort on the companies behalf.
Thanks for the replies, food for thought.