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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47914
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My job was advertised as follows: Job Title Safeguarding

Resolved Question:

My job was advertised as follows:
Job Title Safeguarding Lead
Salary Scale � 35K PA pro rata
Local terms and conditions
Core Hours 30 Per week in hours but some flexible and unsocial hours required.
At first I worked 22.30hours. I am now working the full core hours that where advertised how much should I be paid working full core hours advertised.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
What were you paid when you worked the lower hours?
Customer: replied 1 year ago.
I did a different job which I was paid a total of 37,503 which included benefits
Customer: replied 1 year ago.
I would really want to know how much I should be expecting in relation with the advert? I have calculated it myself but I thought to ask a third person so I known whether I am on tract or not?
Expert:  Ben Jones replied 1 year ago.
Was the 35k based on full time hours higher than the 30 core hours?
Customer: replied 1 year ago.
What is your telephone so I can go outside and call you?
Expert:  Ben Jones replied 1 year ago.
not available for calls at the moment im afraid in fact I am due in tribunal shortly so may not be able to reply fully until later but if you give me the info I will look at it and consider it
Customer: replied 1 year ago.
The job was advertised as core hours as I have highlighted on my query. It was felt that 30 hours was what was needed for the role. Not sure if I am making sense. This a new post that was created in line with CQC , commissioners and the NHS policies where there is contact with vulnerable children/adults. I started from afresh putting together policies, procedures etc. As you going into court how and when will you be able to give me your opinion?
Customer: replied 1 year ago.
I just noticed that by clicking call me I agree to the addition amount and to credit the expert I am not able to click as I am in an open office. How much is this additional amount?
Customer: replied 1 year ago.
Can you email me when you are finished best address for me is***@******.***
Customer: replied 1 year ago.
I am bit disappointed as I was of the understanding you would respond within 30 minutes but you are not available going to tribunal are you able to hand this over to colleague?
Customer: replied 1 year ago.
Hi Ben are you working out my query?
Expert:  Ben Jones replied 1 year ago.
Yes leave with me please
Customer: replied 1 year ago.
Thank you best email to get back to me is***@******.***
Customer: replied 1 year ago.
I will log off now it this ok with you and I will look at my emails for a response
Customer: replied 1 year ago.
did not allow me to click on the ratings
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. Just to clarify, unfortunately we do not guarantee any response time. There may be reference to average response time, but never a guarantee. We are all practising lawyers providing advice on here in our free time so we will often be engaged on other matters and an immediate response may not be possible, but you do get to speak to a lawyer for a much reduced fee than if you were to see us in person. hope you understand. Going back to your query, the way I read the details of the role advertisement, you are contracted to work 30 hours a week on a salary of 35k per annum, stated to be pro rata. The reference pro rata could mean one of a couple of things – either it is in reference to the core hours of 30 a week, or in reference to the full time equivalent with that employer, usually assumed to be 35-37.5 hours a week. In the first example, you would be paid 35k for doing 30 hours a week and if you were to work less hours then the salary will be reduced accordingly. If you worked 22 hours for a while, however remained on the same contract they would have been obliged to pay you the 35k for the 30 hours, even if you did less hours, because they would have still been contractually obliged to pay you for 30 hours. In the second example, the 35k would be reduced pro rata from the fill time hours it reflects. So as an example, if the company’s full time hours are 35, then for working 30 hours you would get a pro rata salary equivalent to 30k (30 / 35 * 35,000).If you were being paid the 35k whilst doing the reduced hours then you will continue getting the same payment even if you started working the core hours of 30. So that is why I asked what were you being paid when you were working the 22 hours a week?I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. I will continue helping. Thank you
Expert:  Ben Jones replied 1 year ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
Hi BenI am very sorry I was not at work so did not realize you has responded on my work email. Thank you very much for your response.
As there was no other mention that this pro rata was based on 37.5 weeks anywere on the advert legally would I be correct in arguing that I took this role with an understanding that I would be paid 35k for the 30 hours. Which is what I honestly believed? The other reason being I was already working for this organisation and if they were to pay me less than 35k this would have been about 3K less than what I was already earning of which I would not have taken the job?
Thank you
Expert:  Ben Jones replied 1 year ago.
Hi, thanks for getting back to me. Whilst you do have an argument that the pay was not made very clear as there was no reference to what full time hours were, 30 hours is generally not a full time amount of hours anyway. Full time is considered to be in the 37 hour mark so any pro rata payment would be based on reference to that. As mentioned, ideally they should have referenced the fact that it is based on a specific amount of full time hours but pro rata is assumed to mean that it is in proportion to full time hours, which generally are around 37. So unless you can show that the company’s full time hours are generally 30, it may be difficult to challenge it. hope this clarifies?
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