Can an Employer put you into negative hours?

koobcam

Hi,

Could someone please advise if an employer is allowed to place it's staff into negative hours?

We are contracted for 40 hours per week but because we are in a quiet period we are being sent home early, sometimes by three or four hours a day. We are still being paid for the full 40 hours but any we do not work are "banked." This has led to some staff being up to thirty hours in the negative.

In the few weeks before Christmas we are likely to be working over forty hours per week and the employer has said we have to work off the negative hours before we are eligible for any overtime, which means we could end up working fifty to sixty hour weeks with no additional pay.

We have told our employer that we are willing to work our full forty hours in the quiet period so we don't go into negative hours but they have said that we can't because there is nothing for us to do. If we are willing to stay but are forcefully being sent home then can they still place us into negative hours?

Thanks.

agrinnall

Here's the official position on short time working.


https://www.gov.uk/lay-offs-short-timeworking

koobcam

Thanks for the reply but it doesn't really answer my question.

Comms69

I suppose the real answer is, if you make a fuss, the employer will just tell you to take annual leave

NIcechap_3

Have you been there 2 years? If so, what happened in previous years? If you haven't been there 2 years and you kick up a fuss about it you may find yourself without a job at all.

Does your contract have a clause about expected/ compulsory overtime if business needs it?

Is the business struggling? Is it worth looking around for steadier work?

Takeaway_Addict

koobcam wrote: »

Hi,

Could someone please advise if an employer is allowed to place it's staff into negative hours?

We are contracted for 40 hours per week but because we are in a quiet period we are being sent home early, sometimes by three or four hours a day. We are still being paid for the full 40 hours but any we do not work are "banked." This has led to some staff being up to thirty hours in the negative.

In the few weeks before Christmas we are likely to be working over forty hours per week and the employer has said we have to work off the negative hours before we are eligible for any overtime, which means we could end up working fifty to sixty hour weeks with no additional pay.

We have told our employer that we are willing to work our full forty hours in the quiet period so we don't go into negative hours but they have said that we can't because there is nothing for us to do. If we are willing to stay but are forcefully being sent home then can they still place us into negative hours?

Thanks.

They could just change your contracts (if it isn't already in there) to be annualised hours

RichardD1970

Just look at somewhere like JLR recently.

Two week laid off and the hours banked to be paid back as and when needed.

Paul_DNAP

The short answer is, yes they can do this, if you agree.


They can't force you to stay at home on full pay if you don't agree, but they are then allowed to lay you off with no pay during the quiet time (see post 2) on a temporary basis.


They are offering a way for you to still be able to meet your bills during the lean time by paying you to sit at home, on the understanding that you will work those hours which you've been paid for at a later time. (They are not negative hours, or overtime hours, they are paid in advance hours.)

suki1964

This is what happens where I work for staff on contracted hours. we are weekly paid, all overtime is paid monthly in arrears so that any hours paid unworked are taken back before overtime is worked out


This means our quiet periods are still covered by experienced staff, still getting a weeks wage and it evens itself out during the holiday periods when its all go

I myself work ZHC so I get paid for hours worked , no waiting around for extra payments, but is also means my hours are drastically cut between Christmas and Easter , so I use holiday pay then

DCFC79

Id look for another job.

System

Banked hours are quite common where workers are on salary. Where I'm at those on days end up working more so get additional days off to be repaid, those on nights don't do enough so end up doing the odd Saturday to repay them to the employer.

Ultimately you're being paid a set amount per year for a set amount of hours work per year.