Working less and more than contracted hours

[Mr H]

Hi all. I'm hoping someone would be kind enough to offer me some employment law advice. I'm currently working part-time on a 17.5 hour contract. If my employer isn't able to offer me my contracted hours, I understand that I will be paid for the whole 17.5 hours. However, my employer has told me that if I work over my 17.5 hours, my pay would be reduced accordingly to compensate any hours I've been short of from previous weeks. Surely this isn't legal!? Thanks in advance.

[ULA]

The general position is that your employer has an obligation to provide work, just as you are obliged to undertake the work provided. Therefore, if your contract clearly sets out a number of hours per week then you should be paid for these hours, whether work is provided or not. If you work more than 17.5 hours in another week, depending on any overtime pay clauses in your contract the extra hours may not be paid but you should still be paid for 17.5 not anything less to compensate weeks when your employer has not had enough work for you.

[Mr H]

Thanks for your response Ula.

I completely understand that I will be paid my contracted hours regardless if my employer is able to provide the hours or not, and I am obliged to undertake the work provided.

Sorry, I should have been a bit clearer with my explanation. I am on an hourly rate, which includes overtime. There is absolutely no mention in my employment contract of having to claw hours back to get paid overtime.


For example.....

Week 1 - worked 16 hours, but still got paid my contracted hours of 17.5 hours.

Week 2 - worked 20 hours, but only got paid 18.5 hours, as I was short by 1.5 hours in week 1.

Week 3 - worked 19.5 hours, and have been paid for the whole 19.5 hours as I'm not in arrears with my hours.


The example above says that I owe my employer 1.5 hours after week 1, because I didn't work enough hours.

They have deducted 1.5 hours from week 2 to compensate for the shortfall.

Week 3 I have wiped my arrears and got paid for all of the hours I worked. I will continue to get paid for the hours I work until I fall short again of my contracted 17.5 hours. I would then have to work over my 17.5 hours to make that time back. Until I do, I will continue to be paid my contracted 17.5 hours, but won't get any overtime payment.

I hope the above makes sense.

[Mr H]

My employer believes by not providing me with work to accommodate my contracted hours (but still getting paid for them), they can put me in debt, saying that I owe them the hours back. So any overtime I work above my contracted hours in the future are taken of me to clear any debt I have.

[Mr H]

Morning everyone

Could it please be possible for someone to advise me on my situation?

Just to summarise.....

I get paid hourly.

I get paid overtime.

I understand that I will get paid my contracted hours if my employer is unable to provide work, and as long as I'm available for work.

If I work above my contracted hours, can my employer take away these additional worked hours from me because they were unable to provide me with my contracted hours from the week before?

If I don't owe my employer hours, and I work above my contracted hours, I get paid my overtime.

My employer will often instruct me to leave early because all of my work is complete for that shift, meaning that I'm unable to work enough hours to reach my contracted hours. I never ask to leave early.

I hope someone can help. I feel like I'm being ripped off.

[ULA]

Your question has been responded to in my post #2.

"If you work more than 17.5 hours in another week, depending on any overtime pay clauses in your contract the extra hours may not be paid but you should still be paid for 17.5 not anything less to compensate weeks when your employer has not had enough work for you."

Sorry if you missed this part in my post.