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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44925
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a doctor from india and came on sponsorship from hull

Customer Question

i am a doctor from india and came on sponsorship from hull and east yorkshire trust to uk in nov14 to work in a&e as a speciality doctor. I worked there till 17 may 16. my visa clearly mentioned that my total no. of working hrs per week are 40, but i consistently worked for 48 hr per week as no amends were made for me in my rota. i have payslips that state i m paid at 10 pa per month, and each pa in nhs amounts to 4 hr work. i m seeking compensation for this. can i win against the mighty trust. if so, what do i need to do & what paper work do i need to arrange and what can be my cost involved if i press for charges.
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello did you actually have a contract of employment that said what your hours and pay are?

Customer: replied 4 months ago.
the contract clearly mentioned my working hrs as 40 per week and the salary slip was issued for 40 hrs.
Expert:  Ben Jones replied 4 months ago.

Did the contract say anything about overtime?

Customer: replied 4 months ago.
No
Customer: replied 4 months ago.
The compensation for overtime is at locum rates.
Expert:  Ben Jones replied 4 months ago.

And how much are you owed approximately? Please note I am mobile today so won't be able to reply fully until later in the day thanks

Customer: replied 4 months ago.
For approx 3-4 extra shifts per month for 18 months and 17 days of my service at a rate of even £35/ hr its 4 x 35 x 8 x 18.5 its £20720. Usually the rates are 1.5 times the usual hourly compensation and can be up to £50 for odd hours and days when there is a massive staff crunch.
Expert:  Ben Jones replied 4 months ago.

Many thanks for your patience. The matter is not as simple as you may believe it to be. For example, it is not just an issue of, you were contracted to do a specific number of hour but worked more than that so should be paid for the extra. Under law there is actually no right to be paid for overtime. This you can get confirmed here on the Government advice site:

https://www.gov.uk/overtime-your-rights/overview

You will specifically see that the following points apply in UK law – your normal working hours are those hours defined in your contract. Employers do not have to pay workers for any hours worked on top of these normal contracted hours. If overtime is to be paid, then it would be stipulated in the contract. If there is no provision for overtime in the contract, then no overtime is payable, even if the worker does more hours than what they are contracted to do. The only right is that on average the worker is paid at least the National Minimum Wage of £7.20 an hour when taking into account the total hours they have worked and the total amount they were paid for them. As a doctor, I very much doubt that the total pay you received and the hours you worked would have amounted to you receiving below the minimum wage.

So as it stands, unless your contract guaranteed you a rate for working overtime, there would be no legal right to expect such payments. If you did have a rate for working overtime and you did do such overtime but were not paid for it, then you are able to take this further and seek compensation for this outstanding amount.

This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow if you decide to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Customer: replied 4 months ago.
Thanks for the reply. Needless to say I feel cheated by the system and exploited. Now I do recollect why my supervisor had said to challenge them anywhere with a rota that made me do 7 night shifts in a row with only 2 day leave. Thanks again.
Expert:  Ben Jones replied 4 months ago.

You are welcome. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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