Part-time overtime
Question
I have been working part time at the same company for over two years now. I normally only work part time because I'm studying, but over the summer I've worked some overtime. The problem is I haven't been paid for any of the overtime. Do I have a right to extra money for the overtime hours I've worked?
Answer
Since 1st July 2000 all part-time workers have had the same contractual rights as their full-time colleagues, unless the employer can show there are good reasons why this should not be the case. These rights include the right to be paid overtime.
If a part-time worker works extra hours above their normal contractual hours, they aren't entitled to an overtime rate of pay for these hours, until they worked the same number of hours in that week as a full-time worker normally works. If the part-time worker works extra hours, but does not work enough extra hours to reach the normal full-time number of hours, these extra hours do not have to be paid at the overtime rate, and the employer can decide at what rate to pay these extra hours.
This means that although you do not have to be paid at the same overtime rate as people employed full time, you do have to be paid for the hours you worked.
If you haven't been paid for the hours you have worked and you feel you've been unfairly treated because you're a part time employee, then you may have a case to take to an Employment Tribunal. It is generally best to negotiate with your employer before taking action, such as a tribunal. If informal discussions don't resolve the issue you can also raise a grievance within the company because non payment of wages is considered to be an unauthorised deduction from your wages.
If negotiation doesn't work in your favour, you may choose to go to a tribunal. To do this you would need to take action within three months of the unfair treatment or unauthorised deduction from your wages occurring.
For more information and face-to-face advice you can contact your local Citizen's Advice Bureau (CAB).
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