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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47420
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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if my employer has been paying an overtime rate of 11 hours

Resolved Question:

if my employer has been paying an overtime rate of 11 hours for an eight hour shift on my day of then withdraws the three hours without informing where do i stand
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Does your contract entitle you to overtime pay?

Customer:

i have a contract which covers a 40 hr week yes im entilted to overtime

Ben Jones :

So according to your contract what should the employer have paid you for working the 8h overtime you did?

Customer:

yes

Ben Jones :

yes but what should he have paid you?

Customer:

i havent got contract to hand but up untill now if i worked eight hours ovrtime i was paid eleven hours now they say their only paying for eight

Ben Jones :

are you reasonably certain the contract would have entitled you to 11 hours for 8 hours overtime?

Customer:

not completely sure but since i started with the company 1 year ago they have been paying for eleven hours for eight

Ben Jones :

Your rights will be determined by the contract you have in place as that would be the legally binding document to which both you and the employer must adhere to.

If the contract allows you to receive 11h pay for working 8h of overtime then the employer would be contractually bound to pay you that and if they fail to then it would amount to breach of contract and also unlawful deduction of wages.

The main issue however is linked to your length of service. Until you have at least 2 years’ service with an employer you are not protected against unfair dismissal. This means the employer can terminate your current contract simply by giving you the required notice under it and you will not be able to challenge this. So if for example you have a month’s notice in there, all they have to do is serve that notice and your current contract will end once the notice expires. After that they can issue you with a new contract which contains the changes they want to introduce, although if you do not accept it then you simply do not have to continue working with them.

Until your current contract expires they must follow its terms so any overtime worked under the current contract must still be paid as per the current terms. If they fail to do so then you can pursue them for the difference you should have been paid, but once the existing contract formally terminates, then you will be bound by the new terms if you accept them.


Customer:

thank you for your help

Ben Jones :

you are welcome

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