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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47342
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I have current left my position due to a number of reasons.

Resolved Question:

Hi I have current left my position due to a number of reasons. I got given a promotion in 2011 to head chef. After 3.5 years of doing the job there was 6 different general managers running the place. Each promising what the next refused to give. I also told them a year and a half before starting college that I was standing down and wanted part time hours. The kitchen manager was also off between April and cot with a return to work for a moth inbetween. I was told I would get 10 hours extra to cover the salary difference each week but that only happened 4 times during this time. It was also agreed that I would receive a "bonus" due to having to do a kitchen managers role but received nothing (none of this was in writing) A new manager arrived just before Xmas and was told of the situation (who would want to work 4 days, 40 hours a week and spend the other 3 at college). After a chat we agreed 27 hours a week, but a week later I was on 45! After this I had had enough and handed my notice in. I was asked at 5pm to come into the kitchen for a pre shift breif and it was announced that this new guy would be head chef and she was looking forward to bigger and better things (basically ridiculing me). I had found another job so have decided to go there. During the years of me being head chef I wasn't paid any over time, although in my contract it stated that "and hours over 48 would be paid them and a half" and I have always had 30 mins taken off for my break during a 7.5 hour break but they always take them off!! They know we don't take them and I can get 50 signatures to back this up but they claim "the computer takes it off so we can't do anything about it".

These are all factors to why I left, I am already currently seeking advice about mu overtime but that's all. Do u think There is anything else in there worth seeing about?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. have you a copy of your contract and did you keep time sheets of your work time please

Customer: I have a copy of my contract and I have some payslips for last year but not all.
Ben Jones :

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. if I need your contract could you e mail it across I will let you know if I need it thank you

Ben Jones :

Thanks for your patience. The main claim here would be for the overtime because that appears to be a contractual right which you were due and which was not paid to you hen due. Unless your contract said that you get a paid break every day then you cannot claim for them taking away your 30 mins for the breaks because there is no legal obligation on an employer to pay you for your breaks – any breaks in the workplace can be unpaid unless stated otherwise.


 


The final potential claim would be connected to you being forced to leave. This would usually be something you can pursue as a constructive dismissal claim but these claims are not easy and they would also only compensate you for loss of earnings incurred as a result of you having to leave. So if you have found a new job then your losses would be considerably reduced and you may only rally pursue them for the difference in pay between the two jobs and only for a limited period of time. So considering the fees you have to pay in the tribunal to make the claim and the uncertainty surrounding such claims, together with the reasonably low compensation you may recover as you have a new job already, it means that this is probably a claim you should leave alone and concentrate on the overtime payments as a main claim.


 


Hope this clarifies your position?

Customer: Thank you very much. Yes this is helped a great deal and I will peruse the overtime. It was just to see if I would gain anything financially but with the solicitors fees etc I wasn't sure if it would be worth it. Thanks again u helped out big time and I will gladly recommend to friends and family about justask. If I've got anything else to ask you'll be the first to know.
Customer: thanks again
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