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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46797
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have an employee who is part time and works 3 days per

Resolved Question:

We have an employee who is part time and works 3 days per week as per her contract. On average she works an extra 3 days per month. What is the position as regards ***** ***** is it based on 3 days or more i understand there has been a recent ruling?
Submitted: 8 months ago.
Category: Employment Law
Customer: replied 8 months ago.
she is also questiioning the fact that although we post her work schedule 4 weeks in advance it is sometimes altered the week before, she seems to think this is against the law although i think we are being reasonable in changing our cover needs?
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 8 months ago.

How many hours does she work in total per week? Also, is she paid weekly or monthly? With regards ***** ***** schedule, does she still get to work her contracted hours even though it might be changed a week ahead?

Customer: replied 8 months ago.
she works 3 hours per day 3 days per week and is paid minthly with extra days paid on a per day basis. She is guaranteed the 3 days the extras are put on the rota but sometimes removed the week before
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. The law on holiday pay calculations is still in conflict because whilst there have been some cases which have stated overtime pay must be included in the calculation of such pay, this has not been formally incorporated in law and it is just down to interpreting case law to determine what to do. So the safest option is to include the overtime days as part of the calculation when determining this person’s average weekly pay when paying them their annual leave allowance.

In terms of the changes to the rota there is certainly nothing in law which states that once a rota is published it cannot be changed or that there is a minimum period within which it must be changed. This is for you to decide, although to safeguard your position you should have this right included in her contract of employment, basically a clause clarifying in what circumstances changes can be made and at what notice. The law would only expect you to give reasonable notice so notice the week before is unlikely to be considered that unreasonable, I would say changes on the day or a day or two before may be unreasonable.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 8 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 8 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46797
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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