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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48761
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employee on a 16 hour contract. Due to the needs

Resolved Question:

I have an employee on a 16 hour contract. Due to the needs of business we have had to cut her hours, but have still paid her for the full 16 hours, asking her to bank (owe) us the hours. She has now been to Citizens advice and they have told her that we have to pay her her contracted hours regardless of whether she works them or not. Is this correct?
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 :

How long has she worked there for?

Customer:

She was employed as an apprentice and was tuped over from the previous employer 2 years in total. She returned from maternity in October 2013 and changed her hours to part time. Although she has always been on a 16 hour contract as are all of my staff, most work more,

Ben Jones :

does her contract say she can be asked to bank her hours in that way?

Customer:

All I am asking is that she works for the hours that we pay her for, if the business does not need her I am not having her stand around at work doing nothing, it looks bad to the clients.

Customer:

No

Customer:

We never envisaged that it would be necessary. She is in fact surplus to requirements as she took her full 52 weeks maternity leave, and he had to employ to replace her.

Ben Jones :

I understand that the business may not need her and she may not be able to work her hours under contract but it is correct that you must still pay her what she is due under contract for the 16 hours er week. It is not her fault that there is no work and she has a contract in place that guarantees her 16 hours per week so she can still expect to be pid for these even if she is not working them. Obviously if it was her fault that she could not wrk the she won't get paid but as it is due to business needs then the business must still meet its contractual obligations and pay her what she is due

Customer:

I am not saying I wont pay her, I have paid her, I am just saying that if she is not required on designated days for the hours she wants to work, I have asked her to bank those hours and work other days,

Ben Jones :

would you still pay her every week for 16 hours?

Customer:

yes

Ben Jones :

is she willing to work on other days?

Customer:

don't know

Customer:

she has childcare issues but those are always taken into consideration when asking her to work the hours she owes. she always has the right to say no

Ben Jones :

ok but your query was: they have told her that we have to pay her her contracted hours regardless of whether she works them or not. Is this correct? And the answer is yes, it is correct, you have to ay her for 16h a week which you have said you will do - if she cannot work her contracted days then you can ask her to work others an if she agrees then that's fine, if she cannot you must still pay her for 16h regardless

Customer:

so does the law prohibit banking hours

Ben Jones :

no it does not, it happens in a number of industries, but it must be done either with the employee's consent or if allowed under contract

Customer:

She consented verbally, in an meeting when her hours were discussed, it is not in the contract.

Customer:

she did not sign anything, we did not think it would be necessary at the time. we are a small day spa employing 10 members of staff and everything has always been done on a working for the team basis.

Ben Jones :

get it in writing to cover your back, a verbal consent can easily be challenged so if you want to rely on this then get her to agree to it in writing

Customer:

OK Thank you

Ben Jones :

you are welcome

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