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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.
Please explain your situation in some more detail
Thank you. Have you returned to your contracted role now? and what is your specific query in relation to this please?
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.
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.
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.
Does your contract state that you can be asked to undertake additional duties if needed?
Did you challenge the employer about the extra work you are being asked to do?
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?
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
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
you are welcome