Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Why did you not raise this earlier if you have been doing extra hours since 2005?
Thank you. You can certainly consider making a claim for these hours but if the employer wants to argue it was an error then they can try and raise this as a defence. it would then be for them to prove that what they are arguing is indeed true. For example, they can show that other employees doing the same work as you had the correct contract in place and that no one has ever been paid the overtime In the past. They could also try and argue that as these hours were never paid to you over a period of 10 years, which is rather long, and you never challenged them or brought this to their attention, that it has become custom and practice for this to be the norm. So both sides will have a potential argument to win their case and in the end only the courts can decide who is right and who is wrong. So unless you actually make the claim you won’t know if you had a case or not.
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