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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47858
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I worked for a company for 15 years my contract is 48 hours

Customer Question

I worked for a company for 15 years my contract is 48 hours a week in the contract says more than 48 hours are paid at the normal price, I did the average 65 hours a week since 2005, I complained in 2016 for the hours I did these years , the company told me it did not pay because it says it was an administrative error in my contract. Do I get any money for this hours ?? Thanks Roberto Farinha
Submitted: 1 month ago.
Category: Employment Law
Customer: replied 1 month ago.
I'm not working anymore for the company
Expert:  Ben Jones replied 30 days ago.

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

Expert:  Ben Jones replied 30 days ago.

Why did you not raise this earlier if you have been doing extra hours since 2005?

Customer: replied 30 days ago.
I only noticed in 2016 that in my contract said I have to get paid for hours above 48
Expert:  Ben Jones replied 29 days ago.

Thank you. You can certainly consider making a claim for these hours but if the employer wants to argue it was an error then they can try and raise this as a defence. it would then be for them to prove that what they are arguing is indeed true. For example, they can show that other employees doing the same work as you had the correct contract in place and that no one has ever been paid the overtime In the past. They could also try and argue that as these hours were never paid to you over a period of 10 years, which is rather long, and you never challenged them or brought this to their attention, that it has become custom and practice for this to be the norm. So both sides will have a potential argument to win their case and in the end only the courts can decide who is right and who is wrong. So unless you actually make the claim you won’t know if you had a case or not.

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Expert:  Ben Jones replied 27 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 26 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks