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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49821
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Unite legal . I have worked large company for

Customer Question

Hi. Unite legal .
I have worked for a large company for many years. We were employed on the NEICHI
pay scheme. We should be paid a guaranteed wage structure. ie, paid 38 per week.
We always worked overtime which was paid at the appropriate rate.
However, anomaly came into force..... we were made to take a rest day every 14 day.
for which no pay was given. Should have been paid :- Eight hours. never was.
just learned permanent employees were paid, but, not contract staff.
Do we have a claim . should have with the 38 hour rule
Submitted: 2 years ago.
Category: 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. When you say you are contract staff are you working through an agency, are you elf employed?
Customer: replied 2 years ago.
No directly employed under short contract. we work on Nuclear Power Stations and on conventional ones too.
Customer: replied 2 years ago.
I could send you one of my contracts. also pay scales
Expert:  Ben Jones replied 2 years ago.
So are you effectively on a fixed term contract, where you are employed for a fixed period then it gets renewed for another period as needed?
Customer: replied 2 years ago.
Also pay slips for full week, and, others with 6 days. We loose some £120.oo when we take the enforced holiday of one day.
Other companies pay their employees but ours will not, even though if you contact EDF you will proberbly find they pay the firm but they do not pay us.
Customer: replied 2 years ago.
My company is Weir Power & Industrial.
The Harlands
Expert:  Ben Jones replied 2 years ago.
Do you not get paid holiday pay for that enforced day's holiday and does it actually come off your holiday allowance?
Customer: replied 2 years ago.
Yes we do get new contracts at each station. some are long ,such as coal stations, say 4/6months.long
Nuclear are about 6/8 weeks long. We have to sign, and hand them in .No mention of pay for the day off. we do get travel
and lodge allowance
Customer: replied 2 years ago.
We are paid holiday allowance when we leave. Only for the week we worked. Not for the day off
Customer: replied 2 years ago.
Would not ask the question if we were paid for the enforced day off
Customer: replied 2 years ago.
Other companies make their guys take Saturday or Sunday off so they do not have to pay them .
Our company will do the same, But they cannot afford all men off at weekend. They need all men to take different days off to maintain full team at week. They are not fair with us
Expert:  Ben Jones replied 2 years ago.
When did the changes come into force?
Customer: replied 2 years ago.
Years Ago some 10/12 years
Expert:  Ben Jones replied 2 years ago.
Ok this immediately creates some issues because if the enforced day off was introduced 10 years ago or so and for all that time you have not been getting the payments you enquire about, the likelihood is that this has now become an implied contractual term anyway. If something which you do not agree with is introduced, you are supposed to challenge it straightaway and try to resolve it one way or another without any unreasonable delay. If you had continued working under the new arrangements for such a long period of time then you would have implied your acceptance to the changes and they would be your current terms of work. It is not really conceivable in law to work for a decade under some terms you say you do not agree to, then claim that they do not apply. This should have been done way back when they were introduced. So after such a long time in practice your acceptance to these terms would have become implied and challenging them now would be very difficult, if at all possible. So that is where my main concerns lie.
Customer: replied 2 years ago.
Expert:  Ben Jones replied 2 years ago.
I wish I could give you some more positive news but that is the reality to be honest. Can I clarify anything else for 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.
Customer: replied 2 years ago.
I will be cancelling my union fees the union have not achieved anything for me.
The law in this country goes against workers, yet a bank can chase you for years over debt . workers are still treated
like fools in this country ,Thank you again. Do you not realise I would have lost my job had I acted sooner..NO
Expert:  Ben Jones replied 2 years ago.
Fear of losing your job would not be a reason to delay acting on this,plus if it did result in dismissal the law would have given you protection against unfair dismissal, one of several quite strong rights directed at workers
Customer: replied 2 years ago.
Sure it would, but, you would never get a call for the next outage.... We all know that. Tories said " Get On Your bikes:
We did but they have never helped us. I will leave the union now
Expert:  Ben Jones replied 2 years ago.
ok all the best