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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49821
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a 42.5 hour per week contract. I am monthly paid. I

Customer Question

I have a 42.5 hour per week contract. I am monthly paid. I have a contract witch states I may be expected to work extra hours above my contract hours. I am with this company almost and I have worked over 2000 hours without pay. My question is, is this legal.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.
almost 3 years
Expert:  Ben Jones replied 2 years ago.
Does it state that overtime is unpaid?
Customer: replied 2 years ago.
It states that overtime will be paid at time and a half and double time. I started work feb 2013, October 2013 a letter was received stating our overtime was no longer being paid and a 15% uplift would be in place. There was no consolation, and when I spoke with my works manager I told him I was not happy and did not agree. His response was if going to happen get used to it. In Jan 2014 I was not aware of the law until I saw a program about Aldi and a professor of law stated that it was completely illegal to expect workers to come to work 15 minutes before their start time without pay. Can you help with the answer?.
Expert:  Ben Jones replied 2 years ago.
There is actually a common misconception that employers have to pay their employees for overtime worked. However, that is not true and overtime can be unpaid if there is no provision in the employees’ contracts that their overtime is payable. You can get confirmation directly from the Government here: You will see that it specifically states “Employers don’t have to pay workers for overtime”. What the employer must ensure is that they pay their employees above the Minimum Wage when considering the average hours the person has worked and the pay they have received for that period. So at present a person must be paid at least £6.70 an hour. You need to check how many hours you have worked and how much you have been paid and that amount must be more than the minimum wage. You may have had an overtime rate in the past but that was removed 2 years ago and by now it would be too late to challenge it as it would be deemed you had accepted it as you have not formally challenged it for such a long time. So you cannot rely on the old clause any more and the only way to challenge the employer is if you can show that on average you are being paid less than the minimum wage as stated above. 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
Expert:  Ben Jones replied 2 years 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 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.