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Extra hours without extra pay

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  • Extra hours without extra pay

    I've been working in a small retail shop from 8am to 4.30pm 5 days a week. I've recently been told
    I must now work until 5pm, without payment for overtime. These are the hours I used to do
    a few years ago, and they were reduced as a gesture, because they couldn't afford
    to pay me extra. But now I've become accustomed to the extra 1/2 hour a day and I'm quite upset about it,
    being that the shop isn't any busier than normal and I'm not really needed that extra 1/2 hour.
    Are there any laws regarding extra hours that I should be aware of? Do I have any rights in this situation?
    Tags: None

  • #2
    Re: Extra hours without extra pay

    Hi and welcome.
    If your employer insists that you have to change your hours or pattern of work, and you do not agree, this may be a breach of contract. Even if you do not have a written contract, there is an understanding about what you are expected to do and when, especially as you have been doing it for a long time.
    However, arguing breach of contract may not persuade your employer to change their mind, and taking them to court for this alone would be risky. You may need to use other arguments.
    If your employer is making a fundamental change to your hours/pattern of work, this could be a redundancy. This is because your employer doesn’t need you do the job in the hours/pattern you had before, but in a different pattern – so your original job in the pattern you did it is redundant. Although this won’t get you’re your original job back, it could mean that you are entitled to some redundancy pay.
    If you are dismissed because you cannot fit in with the new hours or pattern of work, or you refuse to sign a new contract, this could be unfair dismissal. You may need to have worked for your employer for at least two years to claim unfair dismissal unless there has been discrimination too. You should not resign however, unless you have taken advice, as this can make it more difficult for you to argue your case.
    Quotes taken from workingfamilies.org.uk

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