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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 7745
Experience:  15 years experience of advising on employment law matters
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In my work i was asked to do quite abit of overtime then a

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in my work i was asked to do quite abit of overtime then a couple weeks later after i had done the overtime they told me they would have to take back the hours i had worked is that right i am a zero contrate
JA: Was this wage-and-hour issue discussed with a manager or HR? Or with a lawyer?
Customer: with my irector
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: with my director
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you

Hello my name is***** am a solicitor and I am happy to help you today.

Have you been paid for the overtime?

Customer: replied 4 months ago.
With my manager

I'm not entirely clear what the issue is, is it that you haven't been paid for working the overtime?

Customer: replied 4 months ago.
I’ve been paid the overtime now they say they need to take the hours back

So they will no longer be offering it in the future? Are you asking if they are entitled to remove or reduce the overtime?

Customer: replied 4 months ago.
can they make me have time off to get it back

please can you tell me what hours you normally work and over what period you have worked them?

Customer: replied 4 months ago.
I work 37 and half hours a week and I’ve worked them for a number of years

have you always worked 37.5 hours despite the fact that your contract states that it is zero hours?

Customer: replied 4 months ago.

ok thanks, ***** ***** case through custom and practice you can argue that your contract should be deemed to be 37.5 hours per week not zero. They are in breach of contract for failing to give you your hours.

The overtime is not a reason to reduce your hours.

You can raise a formal grievance and start early conciliation with ACAS, you will be able to lodge a claim in the Employment Tribunal if you cannot resolve it through ACAS.

Do you have any further questions please?

Customer: replied 4 months ago.
No thank you for your advice

no problem, I would be very grateful if you would take the time to rate my answer before leaving the site today. Thank you and all the best.

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