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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74495
Experience:  Qualified Solicitor
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I've been working in a company where I have a 40-hour-a-week

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JA: Hello. How can I help?
Customer: I've been working in a company where I have a 40-hour-a-week contract for a year. We've long been forced to do overtime against our will. I have a contract that I don't give a copy of and I haven't seen my rights or signed anything. I wondered if this is legal and if we do not take the necessary measures
JA: Was this wage-and-hour issue discussed with a manager or HR? Or with a lawyer?
Customer: Manager
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Im not freelance
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Well Not at moment

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What are you ideally hoping to achieve in the circumstances, please?

Customer: replied 1 year ago.
Take legal action against them if they're harassing me work as I think they're doing

Harassing you in what way – asking you to do overtime?

Customer: replied 1 year ago.
I can't actually

In what way are they harassing you?

Customer: replied 1 year ago.
They threaten to kick us out of work if we don't
Customer: replied 1 year ago.
Today I refused to do them and I was taken to the office to tell me that if I didn't make them not come back tomorrow
Customer: replied 1 year ago.
This is a problem that started a long time ago. Sometimes they put one of the managers to watch who leaves when their shift ends without doing overtime to subsequently take action against notings for not giving in to overtime.

how much overtime are you actually doing?

Customer: replied 1 year ago.
I returned my position on Monday. I was home because of covid19. But I usually do between 4/5 hours a month. Having come to do up to 6 weekly

Ok thanks, ***** ***** issue is that you are limited in what you can do. The only thing you could have realistically done to challenge the employer is to treat this as constructive dismissal, which is where you are forced to resign because of the employer’s unreasonable behaviour and then make a claim for compensation for loss of earnings. However, there is a minimum requirement of 2 years service to do so and you do not have that yet. It does mean you could be treated unfairly and not be able to challenge the employer legally, apart from only making an internal complaint to them. This is something you can do by raising a formal grievance with them.

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
okay thank's likewise

All the best