Hello I started a new job on the 10/06/2013, where I was told I would be given training to assist in the job on software used in the hotel industry. We had an interim meeting some 3 month later, where some issues were raised from both sides and I had still not received a job specification sheet outlining all tasks to be done. I was informed that this would be done immediately, so I was fully aware of my role. I was only given my contract on the 25/9/2013, some 3.5 months after I started. In the contract it states there is a six month probation period, what date is this from? On 5/12/2013 I was called into a meeting and told I did not meet the standards required, where as I have to date not even received my job specification. As there was not a job spec, I think I was asked to do jobs beyond my scope of work and had to work extra hours. I was fixed on a salary, but other staff have had Leiu days off for extra time at work, how do I stand in relation to being paid for those extra hours worked, it totals 10.5 days in the six month period.
I'm not clear whether you were given any reason to expect you would be paid for this? Have you been paid the minimum wage in respect of all of the hours you have worked?
Did the contract state anything about overtime and whether you would:
a) be paid , or
b) be expected to do a reasonable amount of unpaid overtime.
and to be clear it says nothing about overtime?
Ok are the people who received payment or time in lieu also on a salary or are they on an hourly rate?
In that case you may be able to put forward an argument on the basis that through custom and practice you should be entitled to the payment. Normally salaried people would expect a reasonable amount of overtime to be unpaid, however if you can show that your organisation normally does pay overtime then you can argue that this should also apploy to you.
You should write to say that if you are not paid you consider it amounts to an unlawful deduction from wages and state that if it is not paid you will have no alternative but to claim the money in the employment tribunal.
If you have any further questions about this please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
I'm not sure I understand, is this a typo on their part?
Ok if it is a typo you should just point it out to them and assume that the correct date would be inserted in its place. It makes no difference to your legal rights
Hello is there anything further you would like to know about this?
what dtae do i count the probation period, from start date or contract signed date?
Hi sorry for the delay, it is from the start date.
I would be grateful if you would now be so kind as to rate my answer.