40 hour contract

[Guest]

On a 40 hour contract but paid on salary weekly been working here 4 years. I often do up to 50 hours a week but only get paid for 40 this is not the issue. My boss now is only putting me on rota for 28 hours or cutting me a hour here and there is this right can they deduct from my contract. As i have given them 100s of free hours. And its not my fault she hasent put me down for 40 on the weekly rota.

[Amethyst]

Has your boss also said you'll be getting paid hourly rather than your salary for the new hours you're rota'd for ?

[Baxterdog]

No my boss has not said anything just taken the hour from my wage. Its her fault for not putting me on the rota for 40 hours i am very willing to do my 40 as i said i have done 100s of extra hours.
i just wanted to check if she can do this before i spoke to her about it.

[Amethyst]

Do you have your contract ?

If you are salaried you are usually paid the same regardless of your hours unless there are specific terms of your contract regarding overtime or reduction in hours etc.

When you say salaried are you actually paid say Ł24k per annum which you receive Ł2k per month ( less NI and Income Tax ) - or do you actually get paid hourly ( say Ł10 per hour, contracted hours of 40 per week, so you get Ł400 a week (less NI and income tax ) )

Really need to know what your actual contract is for.

Do you complete time sheets at the end of each week/month etc ?


You could speak to ACAS as you might find it simpler to explain on the phone what your contract was and what your employer is doing than writing on here.
Acas helpline

Telephone: 0300 123 1100

[Baxterdog]

Thank you for your help.
i get paid hourly Ł10 per hour, contracted hours of 40 per week,
i sign in and out on the till

[Amethyst]

Ok so you're hourly paid, not salaried, or have you worked out what your salary amount would be as an hourly rate IF you worked 40 hours ??

If you're not salaried, then as hourly paid your hours can go up and down but after 4 years of doing 40 hours it may well have become an implied term of your contract that you are paid for 40 hours and thus your employer can only change it with your agreement. I'd still rather know exactly what your contract says.

I often do up to 50 hours a week but only get paid for 40 this is not the issue.

It is part of the issue as salaried you'd expect to do odd bits of overtime within your salary, as hourly paid you should be paid for the hours you work.

If you have been working for 50 hours and only being paid for 40 has your employer explained why they are not paying you for the hours you have worked?

It really might help to talk this through with ACAS as they will be able to ask you appropriate questions to help guide you to work out exactly where you stand.

[Baxterdog]

I do 40 hours per week but if I go over and do more hours i still only get paid for 40.
I have done 50+ hours and only get paid for 40.
i dont have no contract to hand

[Baxterdog]

My contract says salary 40 hours
So they wont pay me more than this no matter how many hours i do.
i have looked at my clocking hours for last year I should have done 2080 last tax year. But I did 2900

[ULA]

Does your contract state that your weekly contracted hours of work are 40 for which you will be paid an hourly rate?

Is there any clause in the contract that allows these hours to be varied up or down?