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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi if I were to consider putting my son onto a salary rather

Resolved Question:

Hi if I were to consider putting my son onto a salary rather than hourly rate how does overtime etc work ? if I were to pay him say £23500 for year how would hours work as I expect he could put in say 50-58 hours a week
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has he worked there for?
Customer:

2 and half year

Customer:

hi he has been with me two years plus

Customer:

where have you gone

Ben Jones :

Do you actually want to pay him for overtime?

Customer:

hi for two and a half years

Customer:

well it would bee easier to just pay him a set rate for say average of say 50-58hrs

Customer:

I am happy to pay the going rate but recording overtime etc it would be easier one figure

Ben Jones :

If he was to agree moving to a salary then you can nominate a rate of pay and the hours for which it would apply, for example £23.5k for 55 hours a week. You must ensure that the hours he is contracted to work do not end up being at less than the minimum wage of £6.31 per hour. You can then state that overtime would be paid at a specific rate but again the average of his hours cannot be less than the minimum wage. It is also possible to say that no overtime is guaranteed and that no payment would be made for working additional hours, then if he wants to work more he can do so but won’t get paid, this is ok as long as you are not the one forcing him to do the overtime

Customer:

we are a farming family business and he puts in a good weeks work and I certainally don't want to pay less than minimum but if we agree say 23k - 23.5k his last p60 was approx. 22.2k we can put in contract that no overtime is guaranteed any hours worked in excess of 55hrs will not be paid..and any extra hours would be at his own expense ....if this is all legit it sounds simpler than the system we have of keeping hours and time sheets !!! just want to give him regural salary that he and I happy with....don't want any hassle.....

Ben Jones :

payment for overtime is only guaranteed if the contract allows it - otherwise you can have him working for fixed hours and a fixed salary and leave the overtime to him - if he wants to work it then it is up to him but he knows it is not paid, but as mentioned you cannot abuse that system by forcing him to work overtime and then not pay him. Or you could have a clause that says you would only pay him for the first X hours of overtime and anything after that is not guaranteed or payable

Customer:

ok this sounds much less hassle I will get a contract set out !! lastly what about sick pay and holiday I presume I would contract say min of 29days dates to be ageed in advance and sick pay as set out in agr wages ( Scotland ) order..as amended from time to time !! how about term of contract ?? my son is hoping to take over one day but we need to keep this all in order and do we need to put in contract term ??? if so say how long ?

Ben Jones :

sick pay can just be at the minimum statutory sick pay rate unless you want to pay him more. The holidays are calculated by law based on how many days he works (28 days minimum for someone working 5 days a week). The term of the contract can either be fixed for a specific term (fixed term contract) or just an indefinite one - up to you really, but you do not have to have a term if you do not want to

Customer:


Ben Jones says:

8:14 PM


Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has he worked there for?




<div class="JA_chatMsgAuthor"Customersays:

8:20 PM



2 and half year






8:22 PM



hi he has been with me two years plus






8:26 PM



where have you gone






8:33 PM


Ben Jones has entered this chat!




Ben Jones says:

8:34 PM



Do you actually want to pay him for overtime?






<div class="JA_chatMsgAuthor"Customersays:

8:34 PM



hi for two and a half years






8:36 PM



well it would bee easier to just pay him a set rate for say average of say 50-58hrs






8:39 PM



I am happy to pay the going rate but recording overtime etc it would be easier one figure






Ben Jones says:

8:40 PM



If he was to agree moving to a salary then you can nominate a rate of pay and the hours for which it would apply, for example £23.5k for 55 hours a week. You must ensure that the hours he is contracted to work do not end up being at less than the minimum wage of £6.31 per hour. You can then state that overtime would be paid at a specific rate but again the average of his hours cannot be less than the minimum wage. It is also possible to say that no overtime is guaranteed and that no payment would be made for working additional hours, then if he wants to work more he can do so but won’t get paid, this is ok as long as you are not the one forcing him to do the overtime






<div class="JA_chatMsgAuthor"Customersays:

8:54 PM



we are a farming family business and he puts in a good weeks work and I certainally don't want to pay less than minimum but if we agree say 23k - 23.5k his last p60 was approx. 22.2k we can put in contract that no overtime is guaranteed any hours worked in excess of 55hrs will not be paid..and any extra hours would be at his own expense ....if this is all legit it sounds simpler than the system we have of keeping hours and time sheets !!! just want to give him regural salary that he and I happy with....don't want any hassle.....






Ben Jones says:

9:03 PM



payment for overtime is only guaranteed if the contract allows it - otherwise you can have him working for fixed hours and a fixed salary and leave the overtime to him - if he wants to work it then it is up to him but he knows it is not paid, but as mentioned you cannot abuse that system by forcing him to work overtime and then not pay him. Or you could have a clause that says you would only pay him for the first X hours of overtime and anything after that is not guaranteed or payable






<div class="JA_chatMsgAuthor"Customersays:

9:15 PM



ok this sounds much less hassle I will get a contract set out !! lastly what about sick pay and holiday I presume I would contract say min of 29days dates to be ageed in advance and sick pay as set out in agr wages ( Scotland ) order..as amended from time to time !! how about term of contract ?? my son is hoping to take over one day but we need to keep this all in order and do we need to put in contract term ??? if so say how long ?



Ben Jones :

sorry my earlier reply did not register for some reason. Basically the sick pay would be determined by being the equivalrnt of the SSP rate at the time unless you want to pay him more, which you do not have to. The holidays are again determined by law and must be at least 28 days for a full time worker, but you can pay him more if you want. As to the term, you do not have to set one, you can leave it as an open-ended contract

Customer:

ok so that's us almost there ! so to recap if we contract say 6 days a week at 9 hours a day

Customer:

 


9:41 PM


ok so that's us almost there ! so to recap if we contract say 6 days a week at 9 hours a day


Customer:

oops sorry don't know what happened there but say 10 hours a day mon to fri and 5-8 hours on a sat

Customer:

oops pressed enter again !! and any extra hours not in contract and will not be paid at his own peril !!

Customer:

I think I am finished

Ben Jones :

yes correct as long as he decides to work them and you do not force himt o

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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