How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44923
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

If I'm on call and get paid, I'm told I also owe the company

Customer Question

If I'm on call and get paid, I'm told I also owe the company those hours?
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What does your contract say about this?
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What does your contract say about this?
Customer: replied 8 months ago.
This is not stated in contract but I can re check. I also was rostered to work a shift , cancelled at 530pm, I was due to start work 8pm, I'm told I owe these hours ?
Expert:  Ben Jones replied 8 months ago.
If you can check the contract please that would be great as it would depend on what is there. Also can you please clarify what you do whilst on call and are you at home during that time?
Customer: replied 8 months ago.
Hi I'm a Nurse, when on call have to stay home.
Expert:  Ben Jones replied 8 months ago.
ok thanks please check the contract and get back to me
Customer: replied 8 months ago.
No it's not in the contract.
Expert:  Ben Jones replied 8 months ago.
Hello, in general on call time is not classified as working time and is not subject to renumeration or count towards your working hours when calculating your pay. It can amount to working time if your on call duties are spent on the employer’s premises but as you are at home it does not amount to working time. Therefore, you cannot legally expect to be paid for it. The employer is able to pay you for it if they wanted to but they do not have to. They could also have a policy in place which states that if you do get paid whilst on call you would owe them those hours because after all you were paid for time when you would not normally be entitled to pay. They can then offset those by asking you to make up the hours you have been paid for by doing actual work another time.The issue here is that there appears to be no clause or policy dealing with this so without one the employer cannot just expect you to do as requested. So you should challenge them on those grounds and make it clear that that you are not bound by any such rules as they do not appear to exist. They can however just stop paying you for on call time unless you are called in and that would have the same effect.I hope this has answered your query. 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. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 8 months ago.
Could I ask if a shift is cancelled usually given 4 hours notice . Would those hours still be owed, as this is not classed as on call.
Expert:  Ben Jones replied 8 months ago.
So let me clarify - you are called in to do a shift, the shift is cancelled at short notice, but are you paid for the hours you were supposed to work? Are they asking you to owe the hours you were due to work?
Customer: replied 8 months ago.
Hi
Yes we get paid, but are also told to owe the hours .
Customer: replied 8 months ago.
This is not an on call shift .
Expert:  Ben Jones replied 8 months ago.
You have essentially been paid for time when you have not worked so they can ask you to give back the hours at a later stage, or they could deduct the pay you had received because after all they are not obliged to pay you for time when you are not working. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Expert:  Ben Jones replied 8 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 8 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice