Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How many hours do you believe you are owed at the overtime rate, since your contract began?
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Thanks for your patience. According to your contract you are entitled to receive overtime pay even if you are on a salary rather than on hourly pay. If instead of being paid overtime rates you banked the hours and then used them as a flexi arrangement that could overwrite the overtime arrangement but to be honest this must have been communicated to you at the time. So if they never mentioned anything about a flexi contract, different terms and conditions which overrule the overtime clause or anything else that suggests you will be working on different terms, you should still be paid that rate. The issue is that if you had used up the hours in the past as flexi hours you may have lost the right to claim for these. Saying that, if you still have banked hours for this year which have not been used up you can pursue the employer to pay you overtime as per your contract, rather than try and claim you have lost the hours and that you are working under some other terms which you have never seen. If they fail to pay you as per contract that could amount to an unlawful deduction of wages and/or breach of contract, which you can take further if needed.
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Yes, I completely agree. They should not be able to just pick and choose what terms they want to enforce and rely on and what they want to argue is invalid. If this was done as a result of their error and remained in force for so long they may have to accept that and honour it. Sadly they cannot be forced to do so and in these circumstances you will have to consider taking your case to tribunal for resolution. Hope this clarifies?
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