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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 55131
Experience:  Qualified Solicitor
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I have worked above 48 hours virtually week in week out for

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i have worked above 48 hours virtually week in week out for 3 years my employer agrees i have worked many extra hours over the 3 years but is unwilling to pay me for the time above 48 hours worked
probably £6k in pay terms if i have not signed the 48 hour waiver it will be near to £30k to 40k in un payed time.

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

Did they provide a reason for doing this?

Customer: replied 10 months ago.
They don't want to pay me more than my pay grade. I should have mentioned that I am salaried.

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. 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

Many thanks for your patience. First of all if you had not opted out of the 48 hour working limit, the employer should not have asked you to work more than that average. It is however an average, calculated over a 17-week rolling period. Therefore, it is possible to work some weeks more than that limit, as long as the average over 17 weeks is kept below 48 hours.

Assuming you still went over the average, there is no automatic right to be paid for that time. Your rights in this respect will relate to the right to be paid the National Minimum Wage at the very least. In effect, you Have to calculate the hours you did every month and the amount you were paid as a result. The average rate of pay must be at least equal to the NMW rate. If it fell below the NMW, that is when the employer will be in breach. However, if you received at least the NMW rate, they would not have to pay you anything extra on top of that, even if it meant you were working longer hours than legally required.

You may nevertheless negotiate with the employer to try and get compensated for that time and make it clear that you may have to report their breaches in relation to the working hours if they do not act fairly.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Customer: replied 10 months ago.
Thanks for the advice

you are welcome and all the best

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