We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Contract
farmerboy
Posts: 216 Forumite
At our work we have 2 different contracts for the same role and hours.
One is for so many days over a rolling 13 week period but anything over 22 days per calendar month is paid as overtime, this has no stipulation as to the actual days worked.
The other is for 22 days per calendar month, of which you have to work 2 weekends, anything over 22 days and any other weekends than the first 2 are paid as overtime.
If you have a written contract for the first but have been paid for the last 6 years on the 2nd, does that now become an implied contract?
One is for so many days over a rolling 13 week period but anything over 22 days per calendar month is paid as overtime, this has no stipulation as to the actual days worked.
The other is for 22 days per calendar month, of which you have to work 2 weekends, anything over 22 days and any other weekends than the first 2 are paid as overtime.
If you have a written contract for the first but have been paid for the last 6 years on the 2nd, does that now become an implied contract?
0
Comments
-
At our work we have 2 different contracts for the same role and hours.
One is for so many days over a rolling 13 week period but anything over 22 days per calendar month is paid as overtime, this has no stipulation as to the actual days worked.
The other is for 22 days per calendar month, of which you have to work 2 weekends, anything over 22 days and any other weekends than the first 2 are paid as overtime.
If you have a written contract for the first but have been paid for the last 6 years on the 2nd, does that now become an implied contract?
It might do, but your employer can change it by informing you.
What happened to the investigation last year? Its generally polite to update threads.
https://forums.moneysavingexpert.com/discussion/5896504/invstigation-of-an-allegationOriginally Posted by shortcrust
"Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."0 -
It might do, but your employer can change it by informing you.
What happened to the investigation last year? Its generally polite to update threads.
https://forums.moneysavingexpert.com/discussion/5896504/invstigation-of-an-allegation
Thread updated
For this one they'd be wanting to enforce the original contract0 -
If you have a written contract for the first but have been paid for the last 6 years on the 2nd, does that now become an implied contract?
It sounds more like (assuming you mean you work more than two weekends a month and therefore have regularly been paid overtime for this) you have been overpaid for years. I think the main question at this point is whether you would need to pay that back? You probably wouldn't but might not be best to test your employer on this one!0 -
It sounds more like (assuming you mean you work more than two weekends a month and therefore have regularly been paid overtime for this) you have been overpaid for years. I think the main question at this point is whether you would need to pay that back? You probably wouldn't but might not be best to test your employer on this one!
Thanks for that, already checked back and because we accrue part days for travel to and from hotels during the month I've always ended up being paid the same regardless of which contact they paid be on. We're paid per shift not on hours so it only goes on days on your time sheet.
Basically if both contracts book mon-sat for 3 weeks and mon-fri for last week thats 23 days each, contract 1 pays the overtime on the last Friday and contract 2 on the 3rd Saturday. Salary is paid regardless of is you work the 22 days, so contract 2 could work 3 weekends and not hit 22 days but still get paid overtime for the 3rd weekend where as contract 1 would get nothing extra0 -
Yes I get the difference!
Presumably though you have been paid overtime on the third weekends you've been working (on months where you didn't work 22 days).
If you have been paid that, you weren't owed it so it was an overpayment. If you havent been paid it, they aren't changing anything!0 -
Up to yet I've never had a month where it didn't work out the same regardless of how they have paid me, and that's going back over 6 years.
The reason for the question is that we're about to enter a quiet 3/4 months that we've never had before due to contract change overs and new financial periods of our customers, basically meaning a lot of the usual mid week work will dry up. The weekend work will still be there as that's our customers quiet time so we can get in and do the repairs that we do for them. Its doubtful that anyone will actually hit their 22 days, but the ones on the 2 weekend contract will still be getting overtime for any extra ones they do.
This is why I am asking whether being paid on one contracts terms even though my written contract is for the other one means that I'm on an implied contract?0 -
Up to yet I've never had a month where it didn't work out the same regardless of how they have paid meThis is why I am asking whether being paid on one contracts terms even though my written contract is for the other one means that I'm on an implied contract?
Sorry, just not getting it at this point. You have a contract. What you have been paid every month for the last six years matches what you would get according to the contract you have signed. Obviously, then, you have no claim to some sort of 'implied contract' that varies from what you've signed.
How do you even know which contract they've been paying you on, if the amount would have been the same either way?0 -
Sorry, just not getting it at this point. You have a contract. What you have been paid every month for the last six years matches what you would get according to the contract you have signed. Obviously, then, you have no claim to some sort of 'implied contract' that varies from what you've signed.
How do you even know which contract they've been paying you on, if the amount would have been the same either way?
The reason that I know that I've been paid on the other contract is the time sheets and the way they have been signed off, along with the way they allocate bank holiday weekend pay (different in both contracts).The reason for the question is that we're about to enter a quiet 3/4 months that we've never had before due to contract change overs and new financial periods of our customers, basically meaning a lot of the usual mid week work will dry up. The weekend work will still be there as that's our customers quiet time so we can get in and do the repairs that we do for them. Its doubtful that anyone will actually hit their 22 days, but the ones on the 2 weekend contract will still be getting overtime for any extra ones they do.
The above is the reason I'm querying it as this could mean a difference in pay of around £1000/month. There's only around 10 of us out of 120 employees on my type of contract, for some reason they changed from the other to my type for about a year for new recruits then reverted to the other type.
I can see what you're saying btw, and I don't think they'll enforce my contract just carry on paying me they way they are. Mainly because the company structure is so convoluted that the pay department have no access to our actual contracts so pay every one on the 2 weekend contract regardless. I'm just finding out information just in case.0 -
At our work we have 2 different contracts for the same role and hours.
One is for so many days over a rolling 13 week period but anything over 22 days per calendar month is paid as overtime, this has no stipulation as to the actual days worked.
The other is for 22 days per calendar month, of which you have to work 2 weekends, anything over 22 days and any other weekends than the first 2 are paid as overtime.
If you have a written contract for the first but have been paid for the last 6 years on the 2nd, does that now become an implied contract?
If you break this down to have you ever worked contract 2 where you would not be covered by contract 1 as well.
22 days per month then overtime is the same we can ignore that clause.
The more than 2 weekends paid overtime
have you ever worked more than 2 weekends and less than 22 days and got overtime for the extra weekend(s).
if not then you have been working to to the terms of both contracts.
contract 2, 22 days per month
have you ever worked less than 22 days in a month if you have then that is contract 1, at least 22 and that is covered by both contracts.
so many days over a rolling 13 week period
13 weeks covers 3 months depending on "so many days" it may be possible to still comply with 22 per month but not meet the 13 week requirement in a rolling period.
(I could work out if that is ever possible)
Has that ever happened.
what is the "so many days"
You are going to have to show that you have been paid under contract 2 where contract one could not have been used.0 -
what's the overtime rate.
if they can't hit the 22days a month/"so many days" what will they do about pay.
They could have you use up holiday(presume they do count towards the targets).0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245.1K Work, Benefits & Business
- 600.7K Mortgages, Homes & Bills
- 177.5K Life & Family
- 258.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards