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 F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8969
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

A recent member of staff has recently been made redundant.

Resolved Question:

a recent member of staff has recently been made redundant. she has now submitted an overtime claim in excess of 1000 hours going back 5 years. what are the legal implication of this claim.
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.
Was it agreed that the member of staff would get paid for overtime?Is it documented in any contract?Why was this not paid, if it was due to be paid, over the years?Do you accept that she should have been paid for this overtime even though this has come out of the blue?If you can explain the situation in detail that would be useful. Thank you
Customer: replied 10 months ago.
no agreement in place as she was an operations manager of multiple sites
no
never claimed or intimated
no, she was paid in excess of 60k per annum for this senior position
just been made redundant as business is struggleing and I have taken it upon myself as the owner to do this job to save money. This has come out of the blue.
Customer: replied 10 months ago.
first time i have been on your site, are you waiting for a response from me
Expert:  F E Smith replied 10 months ago.
Whether she can claim this money or not comes down to whether there was any agreement that she would get paid either an extra rate of for overtime and whether she would actually get paid for overtime at all.It is usual for a senior position like this to require people to work extra hours without any kind of overtime payment premium rate payment.The fact that she may have been an operations manager of multiple sites does not mean that there should not have been a contract. If she had asked for a contract you are under a duty to give her one but as there is one, it comes down to what was agreed verbally between you and what you can prove and what she can prove if ever this matter gets to court or tribunal.In the absence of any paperwork but says she would get paid for overtime either at the standard rate or premium rate, it comes down to her word against the employers and it would be decided on the balance of probabilities whether he was entitled to overtime payment either at the normal rate premium rate. Because of the level of salary and the practice for high profile positions like this whereby such members of staff do not get paid for overtime, it is unlikely that her claim would succeed.There is nothing to stop you bringing the claim which you will have to deal with but just because he brings it does not necessarily mean that she would be successful. Based upon the facts you have recounted, I think it unlikely that she would succeed.Can I clarify anything for you?Please don’t forget to rate the service positive, it is an important part of the process by which experts get paid.Best wishesFES
Customer: replied 10 months ago.
sorry I think I misled you. she does have a contract, but without an overtime clause.
Customer: replied 10 months ago.
the fact that she has never claimed in 5 years, doesn't this imply that there was no agreement to pay overtime
Expert:  F E Smith replied 10 months ago.
Thank you. If there is no overtime clause, then she doesn’t get paid for overtime.What you might want to do for future employees is modify the contract so that it states specifically there is no payment made for overtime.Whether she would be entitled to payment for this in view of the missing clause in the contract would come down to whether you asked her to do the overtime and whether she did it on the expectation of payment. Matters like this are always decided on the balance of probabilities because the court has to decide one way or the other.In my opinion, because she has waited 5 years, she is now clutching at straws to try to extract the maximum amount of money from you as possible without there ever actually having been an agreement that overtime would be paid or, importantly, without her ever having had an expectation. After all, it would not be normal for someone to work overtime and then wait 5 years to be paid! It doesn’t change my answer.If she takes the matter to court, the worst that can happen is that you have to pay the money. I would not be paying up quickly
F E Smith, Advocate
Category: Law
Satisfied Customers: 8969
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you, ***** ***** a lot more confident now. Much appreciated.
Regards
Pete

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
< Previous | 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