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Working hours different from contract-which is right?

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  • #1

    Working hours different from contract-which is right?

    Hi Can anyone please shed some light on what the rights of an employee are in a dispute over pay. In 2011 an employee signed a contract to work 12 hours per week, however has never worked just 12, they have always worked 36 hours over 3 days with 1 hour per day deducted for breaks. Annual leave entitlement has always been based on 36 hours too. Following an unfortunate incident at work, they are currently on suspension. The company is disputing that they should only be in receipt of 12 hours pay as this is their 'contract', could somebody please explain whether this is right or wrong. Thanks Dolly
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  • #2
    Re: Working hours different from contract-which is right?

    Hi Dolly,

    There is a situation known as 'custom & practise'.
    It is pretty complicated, & ultimately it would be for an Employment Tribunal to decide.
    See this for a fuller explanation -
    http://www.freelanceadvisor.co.uk/go...ontract-terms/
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick
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