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Is it legal?

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
Basically i work for a pretty big bar company. im not sure if im allowed to say who i work for (but spoons is a clue). anyway this is a question to anyone who knows about the law. I work on average about 35 hours per week but the thing is, if we work past a certain time ,say 2 o clock in the morning, we will stop getting paid. even if we work for an extra hour. Im just wondering whether this is legal because i know that some companies make their employees work half an hour extra - no pay.

if its illegal like i think it is, what can i do?



  • Olly_BOlly_B Mod-u-like Posts: 222 Settling in

    It really depends on your contract, but you don't automatically have a legal right to be paid for working over your contracted hours.

    Your contract should state what your agreed hours are, and whether you are expected to work any overtime (for example, your boss's contract might say they have to be on the premises until all other employees have left, regardless of how long that is). If it doesn't state you must be prepapred to work overtime then they can't force you to.

    It only becomes illegal if they are either (a) expecting you to work more than 48 hours and you have not agreed to do that, or (b) taking into account the total hours you work including your overtime, your wage is below the national minimum wage.

    There is some information on Overtime on the DirectGov website. If you want specific advice, try the ACAS helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

    I hope that answers your question; although I'm not sure it was the answer you wanted.

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