Northernsaint Posted 5 March, 2014 Share Posted 5 March, 2014 Offered selected volutary severance. 10 yrs service in a tuped post now surplus to requirements. 1.45, 2.9, 4.35x the weeks salary in company redundancy including mirrored statutory redundancy pay. Last two yrs earned 21269 plus at least 18hrs a month overtime at 1.5x every month without fail on a 37 hr contract. Im 30 so have 2 yrs under 22, and 8 years 21 to 40 Wouldnt have been able to succeed in a demanding PFI delivery role without the o/t. Have evidence of hrs claimed but not a daily timesheet for those two yrs. Last 3 months has been averaged at 20.6hrs o/t. They have calculated VR Based on basic salary only but i believe i have a right to be paid at the gross pay plus overtime avg over 12weeks as my base salary for the calculation. Any help would be appreciated. Reference to any relevant case law would be fantastic, thank you, Garry. Link to comment Share on other sites More sharing options...
badgerx16 Posted 5 March, 2014 Share Posted 5 March, 2014 (edited) http://www.redundancyexpert.co.uk/overtime-calculated-redundancy-pay.html "Overtime will only be included in your normal working week hours if your employment of work stipulates that you have to do it as part of your job. If you are doing overtime of your own accord than it will not be calculated into your redundancy pay." Presumably your employer has published it's VR scheme and agreed it with the Unions. Edited 5 March, 2014 by badgerx16 Link to comment Share on other sites More sharing options...
Viking Warrior Posted 6 March, 2014 Share Posted 6 March, 2014 It will only be included if it is contractural Overtime The rules on Statutory redundancy pay are that it is calculated using a formula that includes the employee’s gross weekly pay, subject to a maximum. A week’s pay is calculated based on the employee’s "normal working hours" in a week or the average working hours in a 12-week period if his or her hours vary. Overtime is included in "normal working hours" only if the employee is entitled to overtime under the contract of employment, ie if the employer must provide overtime and the employee must work it. In that situation, the overtime pay will count towards a week’s pay for the purposes of calculating statutory redundancy pay. Depending on your contract in terms of redundancy you might recieve the statutory weekly amount of £450 x number of reckable years of service However as It is a voluntary severence, then that tells me you will have enhances redundancy , (Current weeks salary built into your contract Link to comment Share on other sites More sharing options...
tony13579 Posted 20 March, 2014 Share Posted 20 March, 2014 What ever you are offered , up to 30k is tax free. Don't forget unused leave or pay in luie of notice. All adds up. On the down side over 16k prevents you claiming means tested benifits. So you would need to get a job ASAP or pay off some capital on the mortgage or similar. Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 20 March, 2014 Share Posted 20 March, 2014 Ah contractual overtime, there is no such thing, it should either be pensioned or it should be overtime and voluntary, an absolute fudge by Companies and Unions, for companies they dont have to pay overtime as its contractual and for Unions as the workers who like extra hours are friendly towards (they are denying full and part time positions though). Link to comment Share on other sites More sharing options...
Viking Warrior Posted 20 March, 2014 Share Posted 20 March, 2014 Sorry to disappoint you Barry . There is such a thing as contractual overtime and it is pensionable . We use it on certain positions Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 20 March, 2014 Share Posted 20 March, 2014 Offered selected volutary severance. 10 yrs service in a tuped post now surplus to requirements. 1.45, 2.9, 4.35x the weeks salary in company redundancy including mirrored statutory redundancy pay. Last two yrs earned 21269 plus at least 18hrs a month overtime at 1.5x every month without fail on a 37 hr contract. Im 30 so have 2 yrs under 22, and 8 years 21 to 40 Wouldnt have been able to succeed in a demanding PFI delivery role without the o/t. Have evidence of hrs claimed but not a daily timesheet for those two yrs. Last 3 months has been averaged at 20.6hrs o/t. They have calculated VR Based on basic salary only but i believe i have a right to be paid at the gross pay plus overtime avg over 12weeks as my base salary for the calculation. Any help would be appreciated. Reference to any relevant case law would be fantastic, thank you, Garry. Sorry to hear of your predicament and I hope it all works out for you. Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 20 March, 2014 Share Posted 20 March, 2014 Sorry to disappoint you Barry . There is such a thing as contractual overtime and it is pensionable . We use it on certain positions Sorry to disappoint you but thats crap, is Sunday part of the working week? What about days off? If its pensionable why is it not salaried? Thats not only makes no sense its crap. Link to comment Share on other sites More sharing options...
Northernsaint Posted 20 March, 2014 Author Share Posted 20 March, 2014 I never signed or had signed anything as an addendum to the contract and it hasnt been pensioned. Link to comment Share on other sites More sharing options...
Northernsaint Posted 20 March, 2014 Author Share Posted 20 March, 2014 Looking for work though in highways, transportation or pfi contract management roles ideally in the north Link to comment Share on other sites More sharing options...
tony13579 Posted 20 March, 2014 Share Posted 20 March, 2014 Until about 10 years ago Sundays were pensionable in BT. Sadly the union signed that away in a pay deal. Pension was based on best of last 3 years basic pay +Sunday's and if I remember if you did excessive overtime or shifts some of that counted. Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 20 March, 2014 Share Posted 20 March, 2014 Until about 10 years ago Sundays were pensionable in BT. Sadly the union signed that away in a pay deal. Pension was based on best of last 3 years basic pay +Sunday's and if I remember if you did excessive overtime or shifts some of that counted. Far too complicated to do that, did you sign into working or were Sundays always optional? How the hell would you get a pensionable estimate for something thats not assured, unless its assured contracted overtime whereby you have to do it and it raises your weekly/monthly hours the same for 52/12 or 13 times a year. Link to comment Share on other sites More sharing options...
tony13579 Posted 20 March, 2014 Share Posted 20 March, 2014 Sunday's were optional, some people were on call out rotas . some had shift patterns. No special contract was required. I imaging most council highways contracts were like that then got tupe'd out Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 20 March, 2014 Share Posted 20 March, 2014 Sunday's were optional, some people were on call out rotas . some had shift patterns. No special contract was required. I imaging most council highways contracts were like that then got tupe'd out Final salary pension? They took your annual wage a year later and pensioned it? Link to comment Share on other sites More sharing options...
tony13579 Posted 20 March, 2014 Share Posted 20 March, 2014 No, best year out of the last 3 years. Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 20 March, 2014 Share Posted 20 March, 2014 No, best year out of the last 3 years. I see now, your Sundays were overtime (optional) as were extra hours and were not compulsory, you picked the best of the previous 3 years for your pension? Link to comment Share on other sites More sharing options...
Viking Warrior Posted 21 March, 2014 Share Posted 21 March, 2014 If you are on a rota system then Sundays will be a part of the working week . If you work regular weekends you will get a a 10% enhancement if you just work Saturday. If you work regular Saturday and Sundays then it will be 25% enhancement . Next put down please Barry Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 21 March, 2014 Share Posted 21 March, 2014 (edited) If you are on a rota system then Sundays will be a part of the working week . If you work regular weekends you will get a a 10% enhancement if you just work Saturday. If you work regular Saturday and Sundays then it will be 25% enhancement . Next put down please Barry That means nothing unless its actually contracted, what about where by its contracted and there are no enhancements? Your 10% and 25% mean nothing as every company have separate arrangements for out of hours working, note out of normal hours. Why if you are on a rota system will Sundays be part of the working week? Where do you get this remuneration for weekends? Edited 21 March, 2014 by Barry Sanchez Link to comment Share on other sites More sharing options...
Viking Warrior Posted 21 March, 2014 Share Posted 21 March, 2014 In local authorities you will find staff mainly in social care residential units who work these rota's any 5 days out of 7 not your normal Monday to Friday workers . Those that work Monday to Friday may well receive a 33% enhancement for hours after 10 or 11 pm. if they are working on a sleep Rota they will be paid a sleep in allowance and for anytime they are woken during the night Contractual OT does occur in specific jobs with in local authorities . In the private sector OT is usually non consolidated . But I'm aware some companies do give consolidated OT . Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 21 March, 2014 Share Posted 21 March, 2014 In local authorities you will find staff mainly in social care residential units who work these rota's any 5 days out of 7 not your normal Monday to Friday workers . Those that work Monday to Friday may well receive a 33% enhancement for hours after 10 or 11 pm. if they are working on a sleep Rota they will be paid a sleep in allowance and for anytime they are woken during the night Contractual OT does occur in specific jobs with in local authorities . In the private sector OT is usually non consolidated . But I'm aware some companies do give consolidated OT . Are you talking about a roster? Flexible working? European working time directive opt in/out? Zero contract hours? You can be required by a contract to work extra hours or days but that has to be taken in to account before ie John works 35 a hours a week and gets £20,000 but one week in four his on call, the remuneration is included in his salary. And where do you mention overtime as pensionable in there at all? Link to comment Share on other sites More sharing options...
Viking Warrior Posted 23 March, 2014 Share Posted 23 March, 2014 (edited) Double post Edited 23 March, 2014 by Viking Warrior Link to comment Share on other sites More sharing options...
Viking Warrior Posted 23 March, 2014 Share Posted 23 March, 2014 (edited) Barry you seem to know every thing about everything but your the master of none . I'm not referring to zero hour contracts WTR , flexible working etc I'm talking about permanent contracts . I know about them and consolidated OT and enhancements . I have issued enough contracts in my time to know what I am talking about. I have helped or tried to help a number of members on this forum and it's predecessor over the years on some employment matters . Hr is my second career and I have a masters in employment law But you seem to know best and I'm bowing out of your constant know it all attitude re employment matters. Edited 23 March, 2014 by Viking Warrior Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 24 March, 2014 Share Posted 24 March, 2014 Barry you seem to know every thing about everything but your the master of none . I'm not referring to zero hour contracts WTR , flexible working etc I'm talking about permanent contracts . I know about them and consolidated OT and enhancements . I have issued enough contracts in my time to know what I am talking about. I have helped or tried to help a number of members on this forum and it's predecessor over the years on some employment matters . Hr is my second career and I have a masters in employment law But you seem to know best and I'm bowing out of your constant know it all attitude re employment matters. How do you make voluntary overtime pensionable? Its non contractual so how do you account for it? Link to comment Share on other sites More sharing options...
Viking Warrior Posted 24 March, 2014 Share Posted 24 March, 2014 For pty sake Barry voluntary OT is non pensionable however there is some case law where it has been accepted was accepted as part of a redundancy payment . That was the exception rather than the rule Link to comment Share on other sites More sharing options...
Barry Sanchez Posted 25 March, 2014 Share Posted 25 March, 2014 For pty sake Barry voluntary OT is non pensionable however there is some case law where it has been accepted was accepted as part of a redundancy payment . That was the exception rather than the rule I thank you. Link to comment Share on other sites More sharing options...
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