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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46203
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Glyndbourne opera house catering are paying us 3.5session but

Resolved Question:

Glyndbourne opera house catering are paying us 3.5session but we are doing many more hours over this session ,ie may be 3/4 hours extra ,is this legal ,as we are being made to do this
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 you contracted to do a certain amount of hours.

Customer: Yes we were told and we sign a health and safety form but not for the hours
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.

Customer: Only 3.5a:day in the evening but we seem to be doing an extra 2or 3hours extra for nothing
Ben Jones :

Just before I finalise my advice can I just check - are you employees of this company or is there another arrangement, for example agency workers, self employed, etc?

Customer: Employed by compass part time but we get holiday pay
Ben Jones :

It is not strictly illegal to be asking you to do more hours than what you are contracted to do but this should be covered by a specific contractual clause allowing them to do so. For example, it is not uncommon for some contracts to employ someone for a fixed number of hours a week and then require them to work such additional hours as may be required by the needs of the business. This could be unpaid overtime. But there must be a clause that says this is possible. If no such clause exists you can refuse to work additional hours and make it clear that you are contracted to do 3.5 hours and this is all you will be prepared to work unless you are either paid extra or there is a formal contract in place which you have accepted and which allows them to do this.

Ben Jones :

Does this clarify your position?

Customer: Thanks Ben I think so ,we are so fed up with compass as a firm as they seem to take advantage of you ,they make the money on our backs, and assume we will work for the extra time ,I think we will stop at the time we are paid for and see what happens
Customer: we didn't sign anything about the time ,we were told and it was written in a 10page stupid demonstration we have to attend for 2days I payed ,but they win every time so that's why I am asking advice ,
Customer: Unpayed that's supposed to read
Ben Jones :

How long have you worked there for?

Customer: 30 years for each season ,from may till end of august
Ben Jones :

your rights will depend on whether your service was continuous or not. Usually such long breaks between employment would mean that the service was not continuous but after 30 years of doing the same work and having the same breaks there could certainly be an argument that this was continuous service with an agreed break. This would then govern your rights in terms of protection against unfair dismissal. Generally you cannot just be dismissed if you have more than 2 years' service with a company and they need to show there was a fair reason for doing so and follow a fair procedure. But as mentioned whether you have continuous service is a point of contention. So if you refuse to work longer than what you are contracted for, they could potentially seek to terminate your employment and whilst generally they can do that, if you have the 2 years' continuous service they can't just do it . So this is the potential risk here and only a tribunal can decide if you have the required service to have the protection against unfair dismissal or not. Hope this clarifies?

Customer: Thanks so much it has
Customer: great service
Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46203
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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