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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer wants to make me work 1 hour extra a day from

Customer Question

My employer wants to make me work 1 hour extra a day from now until Christmas to cope with additional workload. This will not be paid overtime.
My contract does state that I will be expected to work overtime as needed to cope with spikes and demand.
When is this deemed a change of contracted hours, and can I refuse?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

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

Expert:  Ben Jones replied 4 months ago.

Hi there, just to confirm you will not be paid at all for the extra day? Please can you also tell me how long you have worked there for and whether you are paid an hourly rate or a salary? Thank you

Customer: replied 4 months ago.
Hi BenI've worked here now for just short of 3 yrs, and my contracted hours are 8.30am - 5.30pm Mon to Fri, and I'm paid salary.I've worked these extra hours previously, but for no more than 2 weeks at a time. This is the first time I've been asked to do these hours for such a prolonged period.Jason
Expert:  Ben Jones replied 4 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 4 months ago.

Many thanks for your patience. There is no defined period over which a change would be deemed to have become permanent. This is not a case of showing that something has been in place for a specified period of time and it will vary from one case to another. Obviously there would need to be some permanency to the changes and this is unlikely to be the case here. It is clear that this is not a permanent change – it is a temporary change which will only continue until Christmas. There is a defined end to it and it is for a relatively short period of time, which is obviously driven by seasonal demand. Had this been put in place for a couple of years or more then yes you could certainly try to argue that it has become more of a permanent change but 3 months, with a defined end to it and as a result of a surge in demand over a short period is unlikely to be seen as a permanent change unfortunately.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
Hi Ben,Apologies for such a late reply, but was away for the weekend.No problems with your answer, I really just needed it clarified before I made a huge mistake or said something I would later regret (or worse).Thank you for your time and clarification. Feedback has been left.Kind Regards
Jason Wiseman
Expert:  Ben Jones replied 4 months ago.

Many thanks and all the best

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