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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46785
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If I terminate employment with a signed opt out agreement,

Customer Question

If I terminate employment with a signed opt out agreement, and re-join after a few months under a new contract and pay structure, does the original opt out apply or sign a new opt out AGREEMENT ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello what are you opting out from exactly, the 48 hour working week?
Customer: replied 1 year ago.
security officer cover min 62 hrs
Customer: replied 1 year ago.
security officer normal hours over last 5 years 62 hours a week over 6 days, there was no opt out signed on new contract 5 yeas ago, is the original opt hours contract valid for new contract,carried on from previous employment ? same employer
Expert:  Ben Jones replied 1 year ago.
If you had a contract with an opt out agreement and you officially terminated that contract, then starting on a new contract at a later date does not automatically carry over the original opt out agreement. As such the employer cannot rely on the previous opt out agreement to try and make you work more than the average 48 hour week – you must sign a new opt put agreement for that to happen. In any event, you can not be forced to sign such an agreement and if you have, you can opt out at any time, subject to giving the required notice period.
Customer: replied 1 year ago.
Thank you for your reply. to follow on, my contract states the entitlement to overtime, does it follow that overtime can be claimed back ? for the excess hours over the contract period to date? ***** *****COCK
Expert:  Ben Jones replied 1 year ago.
Hello Peter, as this is a different subject matter to the initial query on opt out agreements, it should be dealt with as a separate query but I am happy to deal with it as a follow up questions. So if you could please leave a positive rating for the response relating to the opt out, I can continue on here for no additional charge with this second part
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46785
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. If your contract specifically entitles you to overtime pay and you have worked overtime but not been paid for it, then that would likely amount to unlawful deduction of wages and breach of contract. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.If the employer does not return the money as requested, the following options are available:1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Customer: replied 1 year ago.
Hi Ben, Many thanks for your very helpful response, it appears that many serious issues need to be addressed, before I act on your very helpful advice would it be possible to have a telephone chat on the finer issues. Kind regards ***** *****cock
Expert:  Ben Jones replied 1 year ago.
Hello Peter I may not be able to call until tomorrow evening, would that be ok?
Customer: replied 1 year ago.
Tomorrow is fine I'm on 24 /7 P WOODCOCK
Expert:  Ben Jones replied 1 year ago.
Hello I am sorry I appear to be in an area with very poor signal, but will be driving back tomorrow around lunchtime, if you do not mind I will call on my way back then?

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