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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50483
Experience:  Qualified Employment Solicitor
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Where do I stand with double pay, time and half, pay

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Where do I stand with double pay, time and half, pay incentives when on a zero hour contract?
My contract only states that hours will be agreed in advance. It says nothing about overtime hours and why I would not be entitled to any of the extra pay being offered. But my employer is saying I’m exempt from all extra pay offers because I’m on zero hour contract

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

How long have you been on this contract for?

Customer: replied 6 months ago.
Since July
Before that I was on a 12 hour contract, I’ve been with the job for little over a year in total. I went to hand in my notice and it was suggested by my supervisor to go onto zero hour contract to offer more flexibility.
They are always offering out overtime hours at increased rates but have said I’m exempt from the offers as I’m on zero hour contract.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Thanks for your patience. Generally there is no legal right to be paid for working overtime and any provisions in relation to that will depend on what is in your contract. If there is no defined overtime rate, it is down to the employer to decide what you will be paid, unless something specific was pre-agreed.

Just because employees are getting overtime rates or double pay does not mean that zero hours workers will get the same. They may have their own benefits under their own contracts but that does not mean they will also apply to you. It is not illegal to treat employees and zero hours workers differently - the employer can reserve overtime pay and benefits for employees only if they wanted to. It is only if your contract guaranteed you these rates that you can legally claim them.

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 actual legal position. 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 I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Customer: replied 6 months ago.
Very much
What happens when emails like these are sent ?
Does it still stand that I am not entitled evenwhen the email is offered to all?

If you were asked to do overtime and it was advertised as being at a time and a half then even if technically you are not doing overtime, they did advertise a specific rate for which you can ask to be paid. But the problem is that if you push them too much for it they could pay you in the end, but in turn they could also stop giving you further work

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 6 months ago.
I’m slightly confused
Am I not an employee, even though all my original contract still stands? The elements that changed was the hours to be worked and that now I’m on zero hours it just says all of my hours have to agreed in advance.
No where in the new part of my contract does it say I’m not entitled to any of the incentives, offers.Thankyou for your patience

A zero hours worker is not an employee, they are a worker, which is different. So your original contract may no longer be applicable, and the employer is correct that a zero hours worker cannot technically work overtime because they do not have any guaranteed hours of work. So the main way to try and argue this is that you were told undertaking this job, these extra hours, was payable at a higher rate and took it on that basis. Hope this clarifies?

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