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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hi. im working in a meat company as a team leader. in a contract

Resolved Question:

hi. i'm working in a meat company as a team leader. in a contract its not stated hours per weak, just that we must be flexible to work additional hours to meat costumer demands. we have set salary. on a payslips its show 8 hours per day. some times we dont reach 40 hours per weak. but most of the time we do from 40 to 55 hours per 5 day weak, and we dont get any extra money.
thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben
and it is my pleasure to assist you with your question today. can you tell me how long you have been with your employer
Customer: replied 3 years ago.

its been 5 years now. firs year i was working as a general operative on weekend shift then there was no problem with pay as i was getting hourly pay. and now abaout 3.5 - 4 years im working as assistant team leader and team leader. as those positions are with set salary

Expert:  Ben Jones replied 3 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Expert:  Ben Jones replied 3 years ago.
Thanks for your patience and sorry about the slight delay, I was called into a tribunal today.

If you are on a set salary then you would generally only be entitled to receive that, even if you were to work overtime. That is because there is no legal right to be paid for overtime unless your contract allows for it. So it is entirely possible that you are on a set salary, your contract says you can be asked to work such additional hours as may be required by the business and also that there is no extra pay for overtime. It means you could be asked to work additional hours for no extra pay – that is entirely legal and it is not uncommon. Solicitors are a common example – they will usually be employed for a fixed number of hours a week and be paid a set salary, with a contractual condition that they may be asked to work additional hours. You will often see solicitors working at all hours of the day and even throughout the night if necessary and they can work many hundreds extra hours over the year but will not get paid for this.

The only legal protection is that you cannot be forced to work more than an average of 48 hours per week. This is calculated over a 17-week rolling period, so you have to check your average hours over the last 17 weeks and they must not be more than 48 hours. But you can work 50 hours 1 week and 35 hours the next week, and the average would not be over 48 so that would be legal.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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