owing the company hours

munybuny

Hi
I work for a company who have not been able to give me my contracted hours work for 5 months now. They've paid me for my contracted hours, but have stated that I'll owe them the hours that I've been paid for but not actually worked.

Can they do this? and if so how long for?

I've got to the point where I owe them in excess of 1 months contracted hours and am concerned about having to 'pay the hours back' in one month.

Any advice / links would be welcome
Thank you

Funky_Bold_Ribena

I would plan for it being withheld from your last salary and look to get another job.

AP007

I was under the impression you get paid the contracted hours regardless. That's why a lot of people are on Zero so if they don't work they don't get paid.

OP if your contract says 35 hours and not average or variable then its 35 hours they should pay you.

Brassedoff

If you have a job with a contract that has contracted hours at 40 per week and your employer does not use it. They have to

A. Pay you for 40 hours
B. Decide whether to lay you off if it cannot fulfil the 40 hours.


At some point they have to decide whether to lay you off, or make you redundant.

You have a stark choice.

1. Either play the game your employer wants you to.
2. Negotiate with our employer to hand back a manageable amount for you.
3. Get them to do a deal with you.

I see no reason to leave, it's their fault for "overpaying" not yours. However, please check your contract of employment, what's said about over hours (if at all).

Just be careful how you go about it. Others have pointed out that you may be in a clawback situation. That can happen should you be paid for holiday time that you are not entitled to, but not for an employers payment of contracted hours.

munybuny

Thanks for the advice, knowing the company they would definately claw back the money if I left so I feel that I have to stay at least in the short term.
I do feel over a barrel as the situation has not been caused by me, I'm hoping a letter to HR might get me some clarity
Thanks

marybelle01

If you have let the continue for five months then it could be argued you have accepted the term. You should have disputed this immediately.