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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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I have worked for the same company now for nearly fourteen

Resolved Question:

I have worked for the same company now for nearly fourteen years, we build timber buildings, and stand them up at or on our customers property, this does happen from time to time usually around winter time when our customers can't get bases ready for us as its simply to wet.
We get told not to come in on a specific day and then we don't get paid unless we have holiday left over from the previous year which we can choose to use up.
One year not too long ago, we worked only a two or three day weeks and no pay for those no worked my question is do they have to pay us? And if so what do we do about it? They seem to do what ever they like when they like the list would go on. Thanks Sean
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

I am ok to wait for an answer many thanks Sean.

Expert:  Nicola-mod replied 3 years ago.

Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Please carry on and try to find an answer to my question thank you

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Well i still have no answer to the question so yes I can wait thanks.

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Matt Jones replied 3 years ago.
Hi there i will try and help.

couple of questions

1) do you have a written contract of employment and if so what does it say about your hours, pay etc.

2) does your employer pay your tax through PAYE,and National insurance

Customer: replied 3 years ago.

I have been with the company 14 years and I'm not sure I have ever had a contract and yes I think they do pay my tax through PAYE and national insurance

Expert:  Matt Jones replied 3 years ago.
Sorry for the delay in coming back to you - few more questions:-

a) is this policy of not paying you for the delays you are available a new thing, or something they have done for the past 14 years?

b) what would you say are your "!normal" working hours in a week, and your "normal" pay is?

c) how does your "normal" pay and hours differ from those weeks that you are told not to come in as it is too wet to work.
Customer: replied 3 years ago.

They have always done this for as long as I remember we have gone onto two days aweek before now and only been paid for the two worked days.


Our normal working hours are 40 hours 8-5 minus 1 houseboat breaks.the hours can be longer when we need to have the job finished for that night and loaded on to the Lorry.


If we work we get paid if we don't then we don't. Thanks Sean

Expert:  Matt Jones replied 3 years ago.
Thanks for this

A person working 40 hours a week should, as a general rule and as long as you are "ready willing and able" to work, should be entitled to be paid full remuneration, whether the work could be completed or not.

in addition you are entitled to be paid a statutory minimum wage which, in those weeks you were were only working a few days, you may not have reached this minimum average wage for the 40 hours you should have been working.

The sticking point is that the arrangements have gone on for some time and so the employer will argue these arrangements have become "implied" into the employment terms. However it is possibly worth fighting and taking it up with your employer as a formal grievance in the first instance




Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
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