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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47881
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I recently started a new job and have just received my second

Resolved Question:

I recently started a new job and have just received my second pay. I noticed that my hours were down on what I had estimated, and having spoken to my manager he told me a couple of things that I didn't know.
1 - If I don't take my 30 minute entitled unpaid break during my shift I still get the 30 minutes deducted from my wage.
2 - If working the evening shift, even though it says on the rota you finish at 11.15pm, this is never the case, generally it is 11.30pm or later that you finish, and even though I mark my late finish on the rota I only get paid till 11.15pm.
Therefore, in both cases I am not getting paid for work I am doing and neither of these points are covered in my contract, apart from that I am entitled to the unpaid break.
My boss is currently on holiday, so I just wanted to check the legality of these two issues before I approach him about my underpaid wage.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your contract say that you could be expected to work additional hours as required by the business?

Customer:

It says "the company may require you to perform a reasonable amount of work outwith your contracted normal hours of work, depending on the needs of the business. Where requested to do so by your line manager you will be paid at the standard rate of pay."

Customer:

And also " Please note that any extra hours worked over your specified contracted hours will be deemed as overtime and paid at your standard rate of pay."

Customer:

Also, "your hours will be in accordance with the rota".

Customer:

It says "you are solely responsible for your own time recording on the store rota, which is used to submit the hours"

Ben Jones :

Both issues can be legal. If your contract states that you get an unpaid break then that is exactly what it is. However, it depends on whether you are the one who is deciding to work through it or if it is done at the employer’s request. If the employer is forcing you to work through the break period then it would be covered by the extra work clause you mentioned and be payable at your standard rate of pay.

The same applies for the late finishes – if you choose to work extra and this is not confirmed by the employer, you will not get paid but if it is the employer who requests you to stay on and work extra time, then it will be payable as per the clause.

Customer:

So even though I'm cleaning up the shop and following my employers cleaning check list, which says everything on it that has to be done before leaving the shop, if I work past 11.15 following his cleaning requests I'm still not entitled to be paid?

Customer:

And also if I have been too busy to take a break, does that make a difference?

Ben Jones :

you would generally be expected to finish your duties in the allocated time so unless you have been specifically asked by the employer to stay on, then usually you would not get extra pay. It can be easy for employees to abuse this otherwise, for example to fail to finish their usual task on purpose in the given time and then stay on for longer just to get extra pay. If you believe that the workload is unreasonable and unrealistic then you will have to raise this with the employer and work around it, you cannot just ask for extra pay

Customer:

Ok thanks very much. I am due a pay this Thursday and my manager told me today that he has submitted the rota with my extra hours on, so I will wait and see if the pay matches my estimate and then speak to my boss about it all. I personally think its totally unfair not to be getting paid after 11.15pm when I am actually working and not fiddling him in any way. My manager did say he would speak to my boss with me about it, because he feels the same way as I do.

Ben Jones :

this would still need to be dealt with by raising the matter in the event that the workload is unreasonable and by showing that the time allocated is simply unrealistic to perform your normal duties, after that it is for the employer to decide if any changes to the work need to be made or to pay you for the extra time you work

Customer:

Ok thankyou.

Ben Jones :

you are most welcome

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