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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I started working for a company in may ...at my interview

Resolved Question:

Hi I started working for a company in may ...at my interview they said hours of work 9 to 5 Monday to Friday ....16 thousand a year ! They now have said to me that my hours are changing to 830 to 530 and possibly be weekends sometimes ..... as I never signed my contract I checked it and it said 43 hours and I would warn 16 per annum ...can they change my original hours that was agreed at interview and not pay me anymore?
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What do you mean not pay you anymore? What are they refusing to pay you for?

Customer: replied 9 months ago.
My hours are going to change from what I was doing which was 9 to 5 ...to 830 to 530 ...
Customer: replied 9 months ago.
I am being paid my correct money .....but if my hours change they won't pay me any more wages other that what I am getting !
Expert:  Ben Jones replied 9 months ago.

Does the contract state that your hours can be changed if necessary?

Customer: replied 9 months ago.
My contract states 43 hours but I havnt been doing them hours they said at interview 9til 5 and I would earn 16 thousand a year....and yes the contract does state that the company reserves the right to change the hours depending on opening hours and marketing conditions !
Expert:  Ben Jones replied 9 months ago.

Contractually you would be entitled to expect to work up to 43 hours per week, although you could also be asked to take on extra hours as required by the business. There are certain legal limits, such as no more than 48 hours per week, but strictly speaking they could ask you to work more than what was agreed.

There is actually no legal right to be paid for overtime unless the contract allowed you to be paid an overtime rate. So many jobs pay a salary for a certain number of hours, yet the employees work more than that for no additional pay.

Also, your rights are somewhat limited due to the length of service you have with the employer. Until you have been there for at least 2 years you are not protected against unfair dismissal or constructive dismissal. This means that you could be forced out of a job due to the unreasonable behaviour of the employer and not be able to claim against them. Similarly, they could dismiss you if you do not accept the requests they make and you can also not challenge the dismissal. There is nothing stopping you from negotiating with them over this but if they flatly refuse to budge, you have to make a choice – either accept the changes and keep your job, or refuse to do the hours and risk dismissal, which as mentioned you cannot challenge.

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

Customer: replied 9 months ago.
But I didn't sign contract ...they have never asked me for the contract...and I verbally agreed 9 to 5 at the interview ....at 16 thousand per annum ! Also the job was advertised for these hours that I have been doing at that rate of pay!
Expert:  Ben Jones replied 9 months ago.

I understand but remember that due to your length of service you cannot challenge this. Also you do not need to sign a contract for it to be valid - if they issued a contract and you knew about it and started the job with it, whether signed or not, it can still be valid.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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