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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a 32 hour contract can my employer tell me I have to

Resolved Question:

I have a 32 hour contract can my employer tell me I have to work over 40 hours ,I work in the hotel industry.
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. Does your contract say anything about being asked to work overtime? How long have you worked there for?
Customer:

I have worked there for 14years have done extra hours in the past when business has picked up contract states the needs of the business .

Ben Jones :

The starting point is that you will be required to do the hours in your contract, which in this case is 32. This is a minimum. The contract may then contain a clause which deals with overtime and allows the employer to ask you to work overtime. In your case this is stated as a requirement to meet the needs of the business. Such a clause can give the employer the power to ask you to work overtime as and when needed, although such clauses should not be abused and result in you working overtime on a more or less permanent basis, rather it should be used from time to time, only when required. An abuse of such terms by the employer would not really be allowed and if it appears that they are asking you to work overtime on a regular basis and it starts to become the norm, rather than the exception then you can challenge. However, if it is genuinely used only from time to time and as required genuinely by the business, then it would be allowed

Some more information on this topic here:

http://www.worksmart.org.uk/rights/my_employer_wants_me_to_work_extra

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

This helps a lot thank you

Ben Jones :

you are welcome, all the best

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