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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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i am not paid weekends and if i work them get days in lieu,

Resolved Question:

i am not paid weekends and if i work them get days in lieu, however i volunteered to work two weeks on and two weeks off on a new job for the company and they have not paid me anything for the weekends. Am i entitled to pay for the weekend work by law or can they get away with not paying me for the 10 months
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there in total?

Customer:

with the company 20 plus years the last tn months on the 2 weeks on 2 weeks off

Customer:

ten

Customer:

I have completed the job away and am now back to normal work at home paid Monday to friday

Customer:

and any weekend work I will get a day in leui

taratill :

Did you discuss payment for the weekends for the period you were working this pattern and have you been able to take the time off in lieu?

Customer:

I asked about payment and have been told they will not pay me and no I have not had any days in lieu as it was a 2 week on/off rotation

taratill :

Ok well I think that your employer is being unreasonable and is acting in breach of a duty of trust and confidence by not paying you. It is also illegal to not pay people the NMW in respect of hours that are worked. The situation would be different if you were afforded time off in lieu but as you are not they should pay you.

taratill :

I would suggest that you raise a formal grievance stating that it is a breach of trust and confidence and a breach of the National Minimum Wage act for you not to be paid in those circumstances.

Customer:

so should I raise a grievance or get a solicitor

taratill :

I have suggested a grievance above. If that does not work I would advise you to contact a solicitor and engage in ACAS pre-claim conciliation.

taratill :

http://www.acas.org.uk/earlyconciliation are details of the early concilation service. You have a time limit of 3 months after the last date you were not paid at the weekend to bring a lcaim.

taratill :

sorry claim.

Customer:

thanks so much this has been helpful

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

shall I ask one more time for payment on Monday before submitting grievance

taratill :

yes you can do but bear in mind the time limit on bringing the claim.

Customer:

thank you bye now

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