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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73905
Experience:  Qualified Solicitor
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It is a problem with the company I am working for, The

Customer Question

Good morning It is a problem with the company I am working for
JA: Where are you? It matters because laws vary by location.
Customer: The project is in Birmingham The head offices are in London
JA: What steps have you taken so far?
Customer: No steps at the moment until I have an advice
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I can tell you the case
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 13 days ago.

Please explain your situation in some more detail

Customer: replied 13 days ago.
Hi Ben
Customer: replied 13 days ago.
I am working for a company since January 2017, I took a sabbatical period from September 2019 to August 2020
Customer: replied 13 days ago.
I am working now in a project doing 2 roles and 2-3 extra hours per day since then
Customer: replied 13 days ago.
The 12/8/2020 I went to the hospital to be surgered at 16 h but I did not take any time off. The next morning I was working.
Expert:  Ben Jones replied 13 days ago.

Thank you. Have you returned to your contracted role now? and what is your specific query in relation to this please?

Customer: replied 13 days ago.
HR has opened an investigation because of that and as they are asking about this hour on the 12/8/20, I wonder if I have the right to invoice the extra time I have worked.
Also HR has selected an information manager that is working in my same project and I do not like it as I am afraid that my confidentiality is not going to be preserved.
Customer: replied 13 days ago.
I am doing 2 roles at the moment so it is nearly impossible not to do extra hours
Customer: replied 13 days ago.
Ben, could you please assess me with it?
Customer: replied 13 days ago.
Hello
Expert:  Ben Jones replied 13 days ago.

Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 12 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

If you are doing overtime for the employer, there is no automatic right to be paid for it as that will depend on whether it is a right you get under contract. By law, overtime is only payable if your contract says that you get overtime pay. The only other situation when you can expect it is if the average hourly rate you receive goes below the minimum wage as a result of these extra hours. In that case, the employer will have to top up your pay to ensure you still receive the minimum wage at the very least.

That is why you will not have a right to invoice them for the overtime hours you do, unless you actually had the official right to receive overtime pay under contract, or your average hourly rate has fallen below the minimum wage you are entitled to. If you left early on he day for your surgery and this was not approved by the employer, you may have to owe them the difference between the time you left and the time you should have stayed in work for.

Expert:  Ben Jones replied 12 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 12 days ago.
What about the 2 roles I am doing?
Customer: replied 12 days ago.
what about the information manager which is a colleague of my project?
Expert:  Ben Jones replied 12 days ago.

Does your contract state that you can be asked to undertake additional duties if needed?

Customer: replied 12 days ago.
No it does not say that. My contract just includes the role for which I was hired.
Expert:  Ben Jones replied 12 days ago.

Did you challenge the employer about the extra work you are being asked to do?

Customer: replied 12 days ago.
I said it some time ago and I did not get any answer. I have sent an email to HR saying that after they are putting me in trouble with my surgery.
Expert:  Ben Jones replied 12 days ago.

The issue with challenging them but not doing anything further about it that you may have accepted it over time through your actions, specifically continuing to do the work. I do not see this giving you any rights to get overtime pay though, which is relatively clear in terms of what you can and cannot get – as mentioned you would only get it if you had the right under contract to overtime pay, or you went below the minimum wage as a result. This is regardless of the extra hobs you are asked to work.

As to the issue with the colleague what is your concern about that exactly?

Customer: replied 12 days ago.
Which are the requirements of an information manager? How can I be sure than confidentiality is kept?
Expert:  Ben Jones replied 12 days ago.

The company will have strict obligations under data protection laws, like the GDPR, to keep your personal data confidential. There are too many laws and regulations to cover in terms of what they have to do, so all you need to know is that your personal data must be kept secure and not shared further than what is necessary in terms of the reasons for which it was obtained. There are serious sanctions and penalties for companies who breach personal dots and that alone should ensure they do not breach their obligations

Customer: replied 12 days ago.
Despite the charge of the extra time I have done carrying out 2 roles can be discussed, can they take actions against me because of the hour I needed for my surgery? Is the time of work considered per day or per week? If it is per week and as I told my manager should be fine, isn´t it?
Expert:  Ben Jones replied 12 days ago.

it depends on your contract and what your hours of work are. If you are to;d your daily hours are 9-5 for example and you left at 4, without any approval by the employer, then that is an unauthorised absence from work, but it should not result in a dismissal as it is not serious enough

Customer: replied 12 days ago.
Ok thanks
Expert:  Ben Jones replied 12 days ago.

you are welcome