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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45303
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am contracted to work 37.5 hours a week - 8:30am - 5:30pm

Customer Question

I am contracted to work 37.5 hours a week - 8:30am - 5:30pm 4 days a week and 1pm - 9pm - 1 day a week. On 4 of the days I close up the store which takes on average 10 - 15 mins. Am I entitled to get this time paid as I do not have a choice to leave at 5:30 pm.
My contract is dated 16th Dec 2012 andI have had two wage rises since but no updated contracts. It states Your normal hours of work are 37.5 per week worked from 1pm to 9pm on 1 day and 8:30am to 5:30pm on the 4 days as scheduled. You will be expected to work such additional hours as necessary to fulfil the requirements of the job. Does this mean I don't get paid or even time off in Lieu ?
I am paid hourly and my overtime states "You will be expected to undertake working on occasions as required by management. Reasonable effort will be made to give you advance notice of the requirements so as to minimise the personal inconvenience this might cause. Time worked in excess of 38 hrs and 20 mins in any week will be paid at a rate of time and half.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.
Hello I see you have posted the same question several times. I replied to one of these fully yesterday, did you not get my response? Thanks
Customer: replied 8 months ago.
No I dont seem to have it :(
Customer: replied 8 months ago.
No I don't have it don't know whats going on .
Expert:  Ben Jones replied 8 months ago.
Ok, here it is: It is certainly not uncommon to be asked to work additional hours and not be paid for them. A good example are solicitors – most are employed to work a fixed number of hours a week, but often work many, many hours on top of that and get zero compensation for it. So it is legal if the contract and its contents have been correctly drafted. In fact if you look about right to overtime pay you will see that there is no automatic right to receive overtime pay if you work overtime – it only happens if you are contractually entitled to it. In your case, your contract says that you are employed to work a fixed number of hours per week but that you are also required to wok such additional hours as required to fulfil the requirements of your job. This is an important clause as it does mean they can ask you to work over and above your contracted hours as necessary. We then look at the overtime clause, which entitles you to overtime pay for any hours above 38.3 hours a week. So in effect it means that there is a period between your contracted hours (37.5) and the hors when overtime kicks in (38.3) where you could be asked to work for no additional pay. So this is a total of 0.8 hours a week, which is approximately 48 minutes where you can be asked to work for no additional pay. This will cover most of the occurrences where you are asked to close the shop, but if there are any instances where your total overtime hours in a week go over 38.3 then you can start claiming overtime pay for these hours on top. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow in the event you are not paid the overtime you are due, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45303
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 8 months ago.
Ok so if I stop over the 38hrs and 20 mins I can claim overtime, I didn't realise I had no say in working over the 37.5 hours, I have worked past this on many occasions , also in Im in a keyholding position, if I called out at night do I qualify for this to be paid ? My boss said I have to be there an hour before Im paid .
Customer: replied 8 months ago.
Sorry I take it then I am not entitled to any payment or time off in lieu unless I go over 38 hours and 20 mins is that right ?
Expert:  Ben Jones replied 8 months ago.
Well there is a clause allowing them to ask you to work extra hours - it does not mean that they can ask you to work long hours on regular occasions but the odd or short extra hours can be covered by that. If you are paid for calling out at night will again depend on contract - if it does not state you have t be there for an hour before getting paid then they cannot say that and should pay you for the time you are considered working, i.e. being at the disposal of the employer. And yes, unless you go over 38:20h you will not get overtime or lieu time
Customer: replied 8 months ago.
Ok thanks , on another note the part time Supervisor gets paid for Keyholding, Office work and and opening and closing of the store, I don't not is this all down to which contract we have I am the full time supervisor and am paid £1 more per hour than she is.
Expert:  Ben Jones replied 8 months ago.
each person can get different benefit, rates, perks, pay, etc - al you have to worry about it what is in your own contract
Customer: replied 8 months ago.
Ok thankyou for your help I will be writing all my minutes down from now on so if I go over I will be able to claim them .
Expert:  Ben Jones replied 8 months ago.
Yes it is best to keep a detailed track of hat hours you do then it will be more difficult by the employer to challenge this

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