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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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my partner has been working for a care agency providing home

Resolved Question:

my partner has been working for a care agency providing home care to the elderly for 2 years now as a part-time worker (employed). when she started working she was told the rates were 7.20 an hour for weekdays and 8.50 per hour weekends. She worked initially Saturday and Sunday 16 hours, then over a year ago moved onto 5 hours on a Friday and 5-6 hours Saturday and Sunday again 16 hours. starting work at 3.30 and finishing 9-9.30 each night. The company have now turned round and said that as she doesn't work a full day on Saturday or Sunday that she cannot get the same rate as the other workers and will only be paid 7.20 an hour for the weekend work ? 2 questions, can they ask for overpayment back ? 2) can they pay her less than the other carers who are working the full day even though she works late and at least 6 hours ? your advice would be gratefully received.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are these conditions specifically mentioned in her contract?

Customer:

My partner is trying to find a copy of her contract. But from what we remember there was nothing in there that diffrentiated between full time or part-time workers, nor that a weekend hourly rate was conditional on doing a full day.

Ben Jones :

Ok a lot would depend on what is in the contract because if there was a specific clause that dealt with the requirement to work a full day to be entitled to the higher rate of pay, it could allow the employer to argue that she should not be paid that.


 


However, there is a more important consideration because The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 provide protection to part time workers and specifically says that less favourable treatment which is on the ground of part-time status is unlawful unless it can be objectively justified.


 


So for example, paying part time workers less than full time workers would potentially be unlawful and discriminatory on grounds of their part time status. Government guidance suggests that an employer will be able to justify any such less favourable treatment only if it aims to achieve a legitimate objective, is necessary in order to achieve that objective and is an appropriate way of achieving that objective cannot see any immediate legitimate objectives for paying those who do not work a full day less than those that do so the employer may find it difficult to justify.


 


Assuming there was nothing in the contract that dealt with this difference in pay and that it is potentially unlawful as stated above, the employer could also struggle to request repayment of any overpayments they allege they have made.

Customer:

That is what i thought, i just didnt know the act that dealt with it. I presume she can go back and quote this regultion in defence of the pay cut ?

Ben Jones :

Yes of course - the law is there to be applied, the employer cannot just ignore it

Customer:

Thank you very much Ben, your time and answers are greatly appreciated

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Customer:

thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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