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  • FIRST POST
    • bizzy_d
    • By bizzy_d 14th Sep 18, 7:26 PM
    • 70Posts
    • 85Thanks
    bizzy_d
    unpaid wages
    • #1
    • 14th Sep 18, 7:26 PM
    unpaid wages 14th Sep 18 at 7:26 PM
    Hi guys need some advice

    I work 33 hours a week but I have only been paid 30 hours for the past half year.

    my employer is refusing to pay out the monies owed (over 600) and insists i take it as time back. I am not happy with this decision, as i have worked the hours and thus want the money.

    Does anyone know of any legislation or similar that I could use to argue my case?


    Thanks
    Last edited by bizzy_d; 16-09-2018 at 1:13 PM.
Page 1
    • LilElvis
    • By LilElvis 14th Sep 18, 7:44 PM
    • 3,821 Posts
    • 10,359 Thanks
    LilElvis
    • #2
    • 14th Sep 18, 7:44 PM
    • #2
    • 14th Sep 18, 7:44 PM
    Hi guys need some advice

    My contract states I work 30 hours a week but I have been rotated in 33 hours for the past half year.

    I did not realized the discrepancy till now. my employer is refusing to pay out the monies owed (over 600) and insists i take it as time back. I am not happy with this decision, as i have worked the hours and thus want the money.

    Does anyone know of any legislation or similar that I could use to argue my case?


    Thanks
    Originally posted by bizzy_d
    What does your contract say 're working additional hours/ overtime?
    • bizzy_d
    • By bizzy_d 14th Sep 18, 7:53 PM
    • 70 Posts
    • 85 Thanks
    bizzy_d
    • #3
    • 14th Sep 18, 7:53 PM
    • #3
    • 14th Sep 18, 7:53 PM
    You will not normally be expected to work overtime. if you are required to do so, time off in lieu
    or payment will apply as appropriate. All payments, including those for overtime, shift, night and
    weekend working, are in accordance with local agreements.
    • Les79
    • By Les79 14th Sep 18, 8:45 PM
    • 434 Posts
    • 531 Thanks
    Les79
    • #4
    • 14th Sep 18, 8:45 PM
    • #4
    • 14th Sep 18, 8:45 PM
    I did not realized the discrepancy till now. my employer
    Originally posted by bizzy_d
    I find this bit comical.

    1. Incorrect use of the word "realized" (not counting the American spelling, which I have no qualms about).

    2. No capitalization after a full stop.

    Do you regularly "not realized" things by any chance? I only ask because you've done well to not notice the fact that you've been working 33 hours per week on a 30 hour contract...
    • bizzy_d
    • By bizzy_d 14th Sep 18, 8:50 PM
    • 70 Posts
    • 85 Thanks
    bizzy_d
    • #5
    • 14th Sep 18, 8:50 PM
    • #5
    • 14th Sep 18, 8:50 PM
    I find this bit comical.

    1. Incorrect use of the word "realized" (not counting the American spelling, which I have no qualms about).

    2. No capitalization after a full stop.

    Do you regularly "not realized" things by any chance? I only ask because you've done well to not notice the fact that you've been working 33 hours per week on a 30 hour contract...
    Originally posted by Les79
    thanks for your opinion

    so sorry for being dyslexic and not sleeping due to the stress of the situation...can't help if spell check uses american spellings.
    • sangie595
    • By sangie595 14th Sep 18, 9:03 PM
    • 5,269 Posts
    • 9,060 Thanks
    sangie595
    • #6
    • 14th Sep 18, 9:03 PM
    • #6
    • 14th Sep 18, 9:03 PM
    Hi guys need some advice

    My contract states I work 30 hours a week but I have been rotated in 33 hours for the past half year.

    I did not realized the discrepancy till now. my employer is refusing to pay out the monies owed (over 600) and insists i take it as time back. I am not happy with this decision, as i have worked the hours and thus want the money.

    Does anyone know of any legislation or similar that I could use to argue my case?


    Thanks
    Originally posted by bizzy_d
    Your are lucky they are offering you the time back. This is as much your fault as theirs - you knew your working hours, so how did you miss the fact that toy worked extra hours every week? You have no legal right to demand payment.
    • LilElvis
    • By LilElvis 14th Sep 18, 9:05 PM
    • 3,821 Posts
    • 10,359 Thanks
    LilElvis
    • #7
    • 14th Sep 18, 9:05 PM
    • #7
    • 14th Sep 18, 9:05 PM
    You will not normally be expected to work overtime. if you are required to do so, time off in lieu
    or payment will apply as appropriate. All payments, including those for overtime, shift, night and
    weekend working, are in accordance with local agreements.
    Originally posted by bizzy_d
    So, according to the contract you agreed to, it's time off in lieu or payment - and your employer has decided that you will receive the time off. They're meeting their contractual obligations to you.
    • Les79
    • By Les79 14th Sep 18, 9:30 PM
    • 434 Posts
    • 531 Thanks
    Les79
    • #8
    • 14th Sep 18, 9:30 PM
    • #8
    • 14th Sep 18, 9:30 PM
    thanks for your opinion

    so sorry for being dyslexic and not sleeping due to the stress of the situation...can't help if spell check uses american spellings.
    Originally posted by bizzy_d
    I was genuinely not bothered about the american spelling (the comment I made regarding that was at face value). The English language is, in my opinion, fluid and open to interpretation. That being said, the points I raised are not fluid...

    Fair enough if you have dyslexia. It is a solid explanation for spelling mistakes and I appreciate that. Given I didn't know that fact, I initially found it strange how your attention to detail (spelling + keeping track of the hours you've worked) seemed strange.

    Sort of feel that "autism" would have been a nice blanket term to explain it (or joint "dyslexia/dyscalculia") so going with just "dyslexia" does leave yourself open to criticism RE: explaining how you couldn't count up how many hours you've worked. Any input on that? If you have "autism" or something similar then fair enough, but stop beating around the bush! If you don't, then take some personal responsibility here (and follow the terms of your contract which, as others have pointed out, seem to allow the employer to do this).
    Last edited by Les79; 14-09-2018 at 9:33 PM.
    • jobbingmusician
    • By jobbingmusician 14th Sep 18, 10:11 PM
    • 19,246 Posts
    • 19,755 Thanks
    jobbingmusician
    • #9
    • 14th Sep 18, 10:11 PM
    • #9
    • 14th Sep 18, 10:11 PM
    Oi you lot! Maybe it's me tonight, but you all seem to be being very hard on posters!


    Anyway, in summary I think your employer is being fair but stupid. How long have you worked there? (If under 2 years you might not want to rock the boat too much, as your employer can dismiss you for any reason.)

    If you have full employment rights because you have worked there for over 2 years, then you are owed rather a lot of leave! Although you might like to be paid, as previous posters have pointed out you have no reason to demand this. 6 months of an extra 3 hours a week is approximately - well, if a full week is 30 hours, you obviously have more than 2 weeks of extra leave owing to you. 26 weeks of 3 hours is 2.6 weeks of leave - 13 days. If they won't pay you, why not see if you can get a temp job in this paid time off?
    I'm the Board Guide on the Matched Betting; Referrers and Jobseeking & Training boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.

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