Employment contract - realised working lime than should!

AinsleyFatCat

I feel silly in just realising this, but I've just noticed that I've been working 9 minutes less per day if I go off my recently found employment contract (states 37 hours per week)
I've worked for my employer for 20 years and have always worked 7 hours and 15 minutes with one hour unpaid lunch in the middle of the day.
When I began working for my employer, I started and finished with the people I worked with. I cannot remember how I was told what my start and finish time was (so long ago), I just did them and started and finished with the others.
So, with this in mind, how does employment law stand with me if realised by my employer.
Can they chase me for the money paid for time not worked (45 minutes per working week over 20 years!)
I feel bad for not working the full time on my contract, I genuinely didn't realise!
Does what you work over time become your new contract regardless of what was on it originally.

Guest101

Well any chasing is limited to 6 years for a start, and you could argue it became the norm after so long

SouthernTeeze

AinsleyFatCat wrote: »

I feel silly in just realising this, but I've just noticed that I've been working 9 minutes less per day if I go off my recently found employment contract (states 37 hours per week)
I've worked for my employer for 20 years and have always worked 7 hours and 15 minutes with one hour unpaid lunch in the middle of the day.
When I began working for my employer, I started and finished with the people I worked with. I cannot remember how I was told what my start and finish time was (so long ago), I just did them and started and finished with the others.
So, with this in mind, how does employment law stand with me if realised by my employer.
Can they chase me for the money paid for time not worked (45 minutes per working week over 20 years!)
I feel bad for not working the full time on my contract, I genuinely didn't realise!
Does what you work over time become your new contract regardless of what was on it originally.

In essence yes. It becomes what's known as "implied terms." You've continued to work these hours with no challenge so it would be a bit much to ask you for any monies owed. What they can do is put you through a formal consultation process to reaffirm what your hours are per week and what you should be working per day.

As no one has noticed I would suggest you just start working your proper hours and leave it at that.

sangie595

AinsleyFatCat wrote: »

I feel silly in just realising this, but I've just noticed that I've been working 9 minutes less per day if I go off my recently found employment contract (states 37 hours per week)
I've worked for my employer for 20 years and have always worked 7 hours and 15 minutes with one hour unpaid lunch in the middle of the day.
When I began working for my employer, I started and finished with the people I worked with. I cannot remember how I was told what my start and finish time was (so long ago), I just did them and started and finished with the others.
So, with this in mind, how does employment law stand with me if realised by my employer.
Can they chase me for the money paid for time not worked (45 minutes per working week over 20 years!)
I feel bad for not working the full time on my contract, I genuinely didn't realise!
Does what you work over time become your new contract regardless of what was on it originally.

No, it doesn't. Technically they certainly can chase you for money owed, but they can only go back six years. Which is still quite a lot of money! Don't you keep a time sheet? How come it hasn't been noticed by anyone else?

sangie595

SouthernTeeze wrote: »

In essence yes. It becomes what's known as "implied terms." You've continued to work these hours with no challenge so it would be a bit much to ask you for any monies owed. What they can do is put you through a formal consultation process to reaffirm what your hours are per week and what you should be working per day.

As no one has noticed I would suggest you just start working your proper hours and leave it at that.

In essence no actually! The fact that toy haven't done your hours ever doesn't mean that your contractual hours have changed. It means you've been working too few hours for ever. The OP had a clear contact and that is the hours they should work and should always have worked.

AinsleyFatCat

Thanks for replies.
I don't and have never had a time sheet - I just come in and leave the same time each week and have done so for twenty years.
In relative recent years, the contracted start/end times are online for staff to view - which is what I work.
I have changed my start/end times a couple of times (started and finished earlier), but I've always kept the same hours.
I don't wish to highlight the fact that I've worked less time as I know it would get a certain colleagues back up!
Will start to go into work that bit earlier each morning which will make me feel better!

lewishardwick

For the sake of 9mins per day, I wouldn't worry about it right now, especially if you don't have to complete time sheets (lucky you!).

Just arrive a little early and leave a bit later. There are any tens of thousands of smokers across the country who waste more than that per day in 'fag breaks'!

sangie595

If there is no time sheet and no clock in, then just do the right thing going forward. To reclaim the employer would need to prove you had worked less, and with no records, they will struggle to do so.

AinsleyFatCat

I am lucky even though I can get peeved off with the job sometimes.
It's a big government organisation, so it's quite relaxed where I work!
You're pretty much trusted to work the hours you should without it being analysed.
This is why I feel so bad!
It's true about the smoking breaks.
I've nothing against smokers, but my boss is a culprit at least twice a day!
I sit at my desk all day and don't leave my desk for a coffee break either.
I feel a bit better about it now.
Thanks for all replies, I will do the right thing from Monday!

Carrot007

sangie595 wrote: »

No, it doesn't. Technically they certainly can chase you for money owed, but they can only go back six years. Which is still quite a lot of money! Don't you keep a time sheet? How come it hasn't been noticed by anyone else?

I would say that much like if it was a bank you still wanted to use they could tell you to still pay it back or go away, that a current employer could also avoid the 6 year rule by firing you for gross misconduct if you did not agree to pay it all back if they wanted, not that I am saying they would.

Unless it's Scotland of course, but then it would be a five year limit. The 6 year limit is just on enforcing it though the courts, not getting rid of the debt.

getmore4less

AinsleyFatCat wrote: »

In relative recent years, the contracted start/end times are online for staff to view - which is what I work.

they could well override your initial personal contracted hours from 20 years ago effectively updating your contractual terms.

Most places don't renew the full contract for every relevant change it just becomes the sum of the parts over time.