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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6430
Experience:  15 years experience of advising on employment law matters
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HelloI started a new job on the 10/06/2013, where I was told

Customer Question

Hello I started a new job on the 10/06/2013, where I was told I would be given training to assist in the job on software used in the hotel industry. We had an interim meeting some 3 month later, where some issues were raised from both sides and I had still not received a job specification sheet outlining all tasks to be done. I was informed that this would be done immediately, so I was fully aware of my role. I was only given my contract on the 25/9/2013, some 3.5 months after I started. In the contract it states there is a six month probation period, what date is this from? On 5/12/2013 I was called into a meeting and told I did not meet the standards required, where as I have to date not even received my job specification. As there was not a job spec, I think I was asked to do jobs beyond my scope of work and had to work extra hours. I was fixed on a salary, but other staff have had Leiu days off for extra time at work, how do I stand in relation to being paid for those extra hours worked, it totals 10.5 days in the six month period.

Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.

taratill : Hello my name is Jenny and I am happy to help you today. Has your employment now ended?
JACUSTOMER-nqryfc8i- : No on Friday 13 December.
taratill : Did you discuss payment or time of in lieu with your employer regarding those hours?
JACUSTOMER-nqryfc8i- : Not yet. But I'm going to do a letter.
taratill :

I'm not clear whether you were given any reason to expect you would be paid for this? Have you been paid the minimum wage in respect of all of the hours you have worked?

JACUSTOMER-nqryfc8i- : I was on a £25k salary for 40 hour week. But the hotel is open 24/7 and no one else does my job, so there is always going to be extra hours.
taratill :

Did the contract state anything about overtime and whether you would:

taratill :

a) be paid , or

taratill :

b) be expected to do a reasonable amount of unpaid overtime.

JACUSTOMER-nqryfc8i- : I was told that I may have to worked some Saturdays. I worked from 8.30 to 6.30 for 9 days in two week period, so I could have one day off and save on fuel. But I did not get the contract until 25/9/13 some 3.5 months after I started and even then it says Monday to Friday 9-5.30.
taratill :

and to be clear it says nothing about overtime?

JACUSTOMER-nqryfc8i- : It was never stated that I would have to do unpaid time. I do the payroll and lieu days are given for working extra or bank holidays. Besides the extra time was due to heavy workload and I had to train myself on certain programmes even though training was supposed to be given on the job. I have still not had my job specification.
JACUSTOMER-nqryfc8i- : I do not have contract with me as I am work.
taratill :

Ok are the people who received payment or time in lieu also on a salary or are they on an hourly rate?

JACUSTOMER-nqryfc8i- : Salary.
taratill :

In that case you may be able to put forward an argument on the basis that through custom and practice you should be entitled to the payment. Normally salaried people would expect a reasonable amount of overtime to be unpaid, however if you can show that your organisation normally does pay overtime then you can argue that this should also apploy to you.

taratill :

You should write to say that if you are not paid you consider it amounts to an unlawful deduction from wages and state that if it is not paid you will have no alternative but to claim the money in the employment tribunal.

taratill :

If you have any further questions about this please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

JACUSTOMER-nqryfc8i- : Thank you
JACUSTOMER-nqryfc8i- : Sorry there is one more question I will send letter in by tomorrow and the date given is 13 November in letter which should have read December. Technically I should not be at work?
taratill :

I'm not sure I understand, is this a typo on their part?

JACUSTOMER-nqryfc8i- : It is a typo error.
taratill :

Ok if it is a typo you should just point it out to them and assume that the correct date would be inserted in its place. It makes no difference to your legal rights

JACUSTOMER-nqryfc8i- : Ok
taratill :

Hello is there anything further you would like to know about this?

JACUSTOMER-nqryfc8i- :

what dtae do i count the probation period, from start date or contract signed date?

taratill :

Hi sorry for the delay, it is from the start date.

taratill :

I would be grateful if you would now be so kind as to rate my answer.