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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I started working fir a new employer on 7th march. I never

Resolved Question:

Hi I started working fir a new employer on 7th march. I never received a contract and while I was there an employee left resulting in me doing a lot of extra hours. I kept a log of this. Then when i handed in.my notice i enclosed a copy of my extra hours worked and asked my boss to confirm he would pay me for these hours.his response was he could not argue with anything in my email. He has since said he wont pay me as there is no over time agreement.with the company that he operates his franchise through despite my payslipp stating the name of his independent limited company. Where do.i stand with regards ***** ***** for the extra hours? Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

Were you on an hourly rate or a salary?

Customer: replied 1 year ago.
Salary
Customer: replied 1 year ago.
Cant talk at the moment as at work
Customer: replied 1 year ago.
Available to email during the day
Expert:  Ben Jones replied 1 year ago.

Hi there sorry I was offline by the time you had replied. The starting point is that under law there is no automatic right to be paid for working overtime. Many jobs have a contracted number of hours and the employees are required to work extra hours as and when required for no additional pay. Solicitors are a perfect example – we are mostly salaried and contract to work the usual 37.5-40 hours a week but often end up working a lot more than that and receive no additional pay whatsoever. So to be entitled to receive overtime there must have been a specific contractual right for this. The fact that no contract was issued simply means that you did not have the right to be paid for any overtime, unless it was agreed otherwise separately.

What you do have the right for in the circumstances is to be paid the minimum wage for the actual hours you have done So you need to calculate all the ours done and the pay received for them and work out an average hourly rate. This rate must be at least at the minimum wage rate, otherwise you would have the right to receive extra pay to bring it up to that rate However, it does not entitle you to get normal remuneration for the hours worked just because you ended up working them. The only way to guarantee payment would have been to have the contractual right to be paid for overtime or to have specifically agreed with the employer in advance that they will pay you for them.

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

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