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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49826
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am leaving my company after four years, since i started i

Customer Question

i am leaving my company after four years, since i started i have had four renumeration increases and one job title change.
i have always been paid monthly.
Since handing my notice in , to find out my notice period i looked up my contracted from the terms and conditions , and it says any additional hours i do will be paid at overtime rate etc etc.
i have never recieved this payment , and have always banked my hours as do all salary employees and use then as flexible hours for early finish etc.
Since that terms and conditions contract offer , i have had as me tioned renumeration increases with one job title promotion , on each of these letters i signed , it stipulates " All other terms and conditions remain the same".
Now that i have noticed my original contract terms and conditions saying all additional hour after working hours will be paid at a calculated hourarly rate with premium , should the company contractuarly stick to this and pay me this years hours ?. Im currently on 156 and because im leaving , HR have said i loose these and ecause i have taken flexi days in the past , i have signed by will i to agreement of the flexible working hours contract?.?.?.
Yet all my contracts state " All terms and conditions remain the same" on all my salary and promotion letters.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How many hours do you believe you are owed at the overtime rate, since your contract began?

Customer: replied 1 year ago.
i have for the last 3 years since my promotion , hit 78 , so 78 multiplied by 3, however my 156 are active on payroll clocking machines ,
Customer: replied 1 year ago.
HR want some training funds repaid by me from a recent course i attended, i signed a payback agreement . My proposal to HR since noticing i should actually get overtime payment gor my active terms and conditions was instead of paying me , id let it go and leave mutally. HR says i dont get overtime as im monthly paid and because i have used over the cpurse of two years flexible hours from my banked hours total , that i have effectively boided my contract rights
Customer: replied 1 year ago.
all salary employees do have the flexible working hours contract in theyre terms and conditions contract , but i was offered the overtime to get me to join the company as they could not give me more salary so the idea was paying additional hours would up the take home pay. New management and HR have assumed my contract to be the standard
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Many thanks.i have attached a picture of the contract.Mike
Expert:  Ben Jones replied 1 year ago.

Thank you. Leave it with me and I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 1 year ago.

Thanks for your patience. According to your contract you are entitled to receive overtime pay even if you are on a salary rather than on hourly pay. If instead of being paid overtime rates you banked the hours and then used them as a flexi arrangement that could overwrite the overtime arrangement but to be honest this must have been communicated to you at the time. So if they never mentioned anything about a flexi contract, different terms and conditions which overrule the overtime clause or anything else that suggests you will be working on different terms, you should still be paid that rate. The issue is that if you had used up the hours in the past as flexi hours you may have lost the right to claim for these. Saying that, if you still have banked hours for this year which have not been used up you can pursue the employer to pay you overtime as per your contract, rather than try and claim you have lost the hours and that you are working under some other terms which you have never seen. If they fail to pay you as per contract that could amount to an unlawful deduction of wages and/or breach of contract, which you can take further if needed.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you are to pursue this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 1 year 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 1 year ago.
Hi Ben , many thanks for the detailed reply, i feel HR should have at any of the three renumeration increase letters stated my terms and conditions had changed instead of stipukating " all other terms and co ditions remain the same", i feel they have assumed my flexi contract was given on the initial promotion contract , when it was only stated a job itle change and salary with the next line saying " all other terms and conditions remain the same ". So by HR saying i have voided my rights to claiming payment is false?. Yes i have used the flexi system but only because i never remembered i could get payment , but seeing as i will be leaving the business with 156 additional hours registered on the clocking system , if they persue my training funds as per myself agreeing if i left within 2 years i would pay back , then surely if im held contractually , then Mahle should to ne held contractually?.
Expert:  Ben Jones replied 1 year ago.

Yes, I completely agree. They should not be able to just pick and choose what terms they want to enforce and rely on and what they want to argue is invalid. If this was done as a result of their error and remained in force for so long they may have to accept that and honour it. Sadly they cannot be forced to do so and in these circumstances you will have to consider taking your case to tribunal for resolution. Hope this clarifies?

Expert:  Ben Jones replied 1 year ago.

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