200 Unpaid Hours and Broken Pay Promises – Legal Advice Requested

[Fl0Ding0-87]

Hi all, first time posting.

I'm looking for some advice on how to best approach this situation. So far I have contacted ACAS, who advised I raise a formal grievance first, however I'm unsure if this is necessary as all concerns raised to my Manager, who'd also be dealing with the formal grievance, have been sidestepped, making that stage feel a bit futile.

All names and details have been anonymised for privacy.

Claim for Compensation


Seeking reimbursement for 200 additional hours worked beyond my contracted hours, under implied terms and assurances given in bad faith by my manager (referred to here as "Manager A"), managing director.


False Pretences:


I was led to believe I was working toward a pay rise aligned with the national average, based on explicit assurances from Manager A, later revealed to be unfeasible. (evidenced in emails which I wish to forward)


Breach of Trust:


Need advice on pursuing this claim and addressing breaches of employment law, including being left without a contract for six months between October last year and March this year (technically May, because I declined the first one they finally presented to me in March), realising at the time from the terms outlined that I’d been working under poorer terms than what I’d agreed with my "Subsidiary C" before the merger. I was on minimum wage +5% for 30 hours before, then came to learn in March that Company B had me on 32 hours a week at only minimum wage.

---

Background:

• Role: I am the Creative Lead for Company B, working remotely across their corporate identity, social media, website, marketing collateral, and on their acquired brand, "Subsidiary C", focused on original illustration, packaging design, branding, promo materials, etc. (I have a binder referencing all work undertaken in the 6-month period—though this does not include sub-tasks thrown at me on a daily basis). I have 15+ years of experience in a qualified design and illustration role, including a Bachelor's degree in Animation Design achieved 16 years ago.
• Merger: Previously employed by "Manager B", then owner of Subsidiary C, until its merger with Company B in October 2023.

---

The 6-Month Agreement:


Negotiation:
I declined an unsatisfactory March contract but signed a 6-month short-term agreement in May, based on verbal and written assurances from Manager A. Manager A asked me to retrospectively sign the May contract, backdated to October 1st, 2023, raising concerns about transparency and intent (also evidenced in emails where I seek confirmation of this request after a phone-call). Just from the first six months working for Company B, it was evident that strictly working for Subsidiary C easily filled up my designated 32-hour workweek, but around the same time of presenting the contract and outlining additional workload to cover Company B’s operations, I declined.

---

Implied Terms:

• Manager A proposed a permanent contract at minimum wage +20%, saying he knew I was worth more. I rejected this and instead wrote up a formal plan, listing goals tied to bonuses and better compensation based on measurable results after 6 months.
• I only agreed to the 6-month contract after being led to believe that I would receive a raise and permanent contract at its conclusion. This was never disputed during these 6 months. Manager A repeatedly assured me he was advocating for this, and other directors ("Director A" and "Director B") participated in this dialogue, never dismissing the goal of aligning my salary with the national average.
• So while I was given the initial promotion from min wage, and then becoming the responsible senior creative lead for two brands or essentially the whole business, the salary matching this new title I was lead to believe would only come six months down the line.

---

Expanded Duties:


My role expanded to cover both brands between May and October, with Manager A aware this workload would take me beyond my contracted 32 hours per week. I made it clear in the emailed agreement that any additional hours would be done in good faith and would help achieve the goals for Company B, believing these would be rewarded based on Manager A’s assurances.

---

Work Undertaken in Good Faith:

1. Additional Hours: Worked 200 extra hours across six months, sacrificing freelance opportunities (£35/hour rate), believing the pay rise was forthcoming.
2. Goals Achieved: Completed all agreed goals, strengthening both brands. Upon review, Manager A cited external trading conditions as the reason for being unable to uphold his end of the agreement. I later learned (evidenced in emails) that cost-cutting measures implemented in June rendered the pay rise unattainable, which was never disclosed to me. So 1 month into the agreement he was aware the pay-rise I was led to believe was forthcoming on the back of all this pro-bono work was never under question, robbing me of the opportunity to reassess my position and expectations. I even explicitly state in the plan I outlined that I would happily take unskilled labour elsewhere at minimum wage, where there would be potential for overtime, bonus based pay on unsociable hours etc than commit to this skilled role for near minimum wage, and took no pleasure in outlining the reasons why, citing rising living costs and the fact my current package was unsustainable.

---

Reimbursement Request:

• Salary Comparison: My salary was £23,500 annually for 32 hours per week, significantly below the national average of £34,000 for a Creative Lead in the UK. This reflects an underpayment of £5,000 over six months.
• Additional Hours: Seeking reimbursement for 200 hours worked outside my contracted hours. Ideally at my freelance rate (£35/hour), which would amount to £7,000. At a minimum, I expect compensation at my normal rate plus 20%, reflecting overtime conditions.

---

Recent Developments:

• Contract End: My contract expired on October 31, 2024. A new contract presented contradicts prior assurances, continuing to undervalue my contributions, the same 32 hours offered and same terms outlined in May's agreement.
• Stopped Work: I ceased providing work to avoid implying acceptance of new terms.

---

Key Issues for Legal Advice:

1. Compensation Claim: Am I entitled to claim for 200 hours worked outside my contracted hours, and how should this be calculated?
2. Breach of Trust: Can I claim damages for stress and financial uncertainty caused by unfulfilled promises and prolonged periods without a contract?
3. Employment Law Breaches: Does the lack of a formal contract for six months strengthen my case?
4. Next Steps: Should I raise a grievance, involve ACAS, or escalate to a tribunal?
5. Evidence Submission: How should I present emails and supporting documentation?

Action Already taken:

Contacted ACAS- they suggested raising a formal grievance before taking steps to early conciliation.

* I have presented this case to multiple no win no fee solicitors specialising in employment law but yet to hear back from any of these entities.

* I've ceased providing any materials and communication with Manager A and Manager B, wishing to compile enough information to present to them my reasons for leaving them on read, and present them with what to expect going forward in the way of me escalating this. I've had various attempts from them at contacting me, including an email where Manager A asks if I'm working this week, despite knowing I haven't signed the latest contract presented to me.

Many thanks in advance to anyone who has taken the time to read this and offer some advice.

[echat11]

Hi Flod

Welcome to LB

ULA Can you please take a look.

[Fl0Ding0-87]

Hi ECHAT11 thank you for picking this up. Looking forward to seeing if anyone can help and what the most optimal approach would be to this mess.

[ULA]

Fl0Ding0-87 before I can assist I need to understand your employment status so can you clarify:

1. When did you start working for the company?
2. It appears that you may have been working on a fixed term 6 month contract basis is this correct?
3. How many fixed term contracts have you had since joining the company?
4. Can you confirm my understanding that you ceased work for them on 31 October at the end of your current contract and that you did not directly communicate to the company that you were not going to sign the new proposed contract?
5. In any of your contracts was their provision for overtime payment beyond your contracted 32 hours per week?
6. Do you have anything in writing that states you at the end of the 6 month contract you would "receive a raise and permanent contract at its conclusion."

[Fl0Ding0-87]

ULA


Thank you for your detailed response and for taking the time to review my case. Below are my answers to your questions, which I hope provide the clarity needed to assess my situation:

1. When did you start working for the company?
I started working for the company on 1 October 2023, following a merger between my previous employer Subsidiary C and Company B.

2. It appears that you may have been working on a fixed-term 6-month contract basis; is this correct?
Yes, that is correct. In May 2024, I was originally offered a permanent contract at minimum wage +20% during a phone call, which I declined. I then sent an outline of goals via email, which could be achieved within a 6-month short-term arrangement, tying a bonus to measurable achievements that would align my salary more closely with the national average for a comparable role. My manager agreed to this, and it was only then that I agreed to the 6-month fixed-term contract on the understanding that this promise would be fulfilled. This contract, which I signed in May 2024, was backdated to 1 October 2023 to cover the period during which I had been working without formal terms of employment (October 2023 to April 2024).

3. How many fixed-term contracts have you had since joining the company?
I have only had the one fixed-term contract, which ended on 31 October 2024. However, technically, this could be considered two contracts, as I was made to retrospectively sign and backdate the short-term May contract to October 2023. I believe this could potentially be illegal and in violation of relevant legislation.

4. Can you confirm my understanding that you ceased work for them on 31 October at the end of your current contract and that you did not directly communicate to the company that you were not going to sign the new proposed contract?
I ceased work on 13 November 2024, when I received the new contract and my manager's reply to my last email. During this period, I continued to work in good faith (evidenced by files sent to Subsidiary C), hoping to negotiate further with my manager and having involved the directors to ensure clarity. My manager had previously stated in the review that he would not stand in my way and that there would be no hard feelings if I decided to leave. However, in my last email to him, I raised concerns about unpaid hours worked in good faith based on his assurances, after learning (via his earlier email) that cost-cutting measures implemented in June 2024 made the raise unfeasible. He sidestepped these concerns in his reply and failed to address the additional hours.

Furthermore, the new contract’s terms contradict aspects of his communication, suggesting no resolution to the dual-role issue that caused the additional hours in the first place. I have not formally communicated my refusal to sign the new contract but have stopped providing work and communication to Manager A and Subsidiary C to avoid implying acceptance of its terms while I seek legal clarity. I worked those extra days in November, both because I wanted to show flexibility and assist Subsidiary C, and because, though prompted by me, I had not received a new contract by 31 October as promised in the May agreement. If unpaid by the end of the month, these November hours and accrued holiday pay (1 day) should be added to my claim. Even keeping me working those days without a contract was illegal, and the company may again attempt to retroactively backdate a contract to cover this period, as they did in May. This is further demonstrated by my manager’s email from Thursday 21 November, asking whether I was working despite knowing I have not signed the new contract, which highlights the company’s willingness to operate with unclear or informal terms.

5. In any of your contracts, was there provision for overtime payment beyond your contracted 32 hours per week?
No explicit provision for overtime was included in the fixed-term contract related to my role, though a generic clause references overtime payment at +20%. I worked an additional 200 hours over the 6-month period based on verbal assurances and implied terms that a pay rise would be forthcoming. While the contract outlines terms for overtime, my manager was fully aware that all the agreed-upon work was overtime, with the compensation to be addressed in the next contract. I would also like to note that the clause in the contract stating "No collective agreements directly affect your terms and conditions of employment" directly counters my manager’s after-the-fact argument that "labour/work agreements/trade conditions" prevented a raise.

6. Do you have anything in writing that states that at the end of the 6-month contract you would "receive a raise and permanent contract at its conclusion"?
I have several emails from my manager providing assurances of a raise and a permanent contract upon meeting agreed goals. While these emails do not constitute a formal promise, they align with verbal discussions we had. My manager’s lack of denial when I referenced these assurances in later emails supports the argument for implied terms. I also have a binder documenting the full body of work undertaken during the 6-month period, clearly demonstrating the volume of work exceeding what I was providing prior to the May agreement. I continuously made it clear that I would only work for those 6 months on the understanding that a raise was forthcoming, as I achieved the agreed goals step by step. It was in bad faith that my manager kept me working for 5 months in this belief, only to reveal after 31 October that cost-cutting measures had been in effect since June—one month into the agreement. This directly undermines his reasoning for not fulfilling the agreement. His only argument for not meeting these terms is contradicted by the clause stating, "No collective agreements directly affect your terms and conditions of employment." If he had intended to honour the agreement in any way, he would have reiterated his earlier promises, including helping me find a better-paying position if the raise was not achievable.

Inquiry About One-to-One Consultation
Thank you again for your time and the advice provided so far. This breach of agreement, along with the dishonesty and being taken advantage of, has caused considerable stress, affecting me both physically and emotionally. I truly appreciate your guidance and would also like to explore whether there’s potential to pursue damages due to the toll this has taken on me. I noticed the option for a one-to-one expert consultation via email and would like to know if this service incurs a fee and, if so, what the associated costs might be. Ideally, I would also like to forward the relevant thread and supporting documents for a more thorough review as part of the consultation.


I look forward to hearing your thoughts and advice.


Fl0Ding0-87

[Fl0Ding0-87]

ULA

I'd just like to add to my answer for Q2- It was not a "bonus"/one time flat fee agreed to, but from the first dialogue and throughout I stated the national average in a comparable role as my goals/reward, which was never disputed so I had every reason to believe that would be the basis for a permanent contract. Actually, as far as if any deal was officially "sealed" it was after I laid out, or at the same time I laid out the work related goals, the salary goals/national average, down to the numbers, and the short term financial compensation - so on the back of them, as I remember "choosing" the short term +20% option because it was the "easiest option", though without the suggested bonus - that this was like sealing the deal/signing a contract, including what I could expect for a permanent contract did I reach these goals. It was one cohesive thing, all depending on each other.


Further implying agreement on these goals, I was literally given the promotion/title of Creative Lead, more work and more responsibility - on the basis of which the national average expectation was based.


Just the uncertainty of going that long without a contract hindered me from seeking other financing and was very stressful.


Again recognising that it was a bunch of new extra work, and a new chapter, was evidenced by the already 6 month pay strictly working on material for Subsidary C between October 23 and March 24

[ULA]

Sorry but your start date is potentially incorrect.

When did you start with Subsidiary C that then merged with company B presumably under a TUPE transfer.

Was this a fixed term contract at susiduary C and how long for.

[Fl0Ding0-87]

ULA

Thank you for raising the TUPE element and its relevance to my situation. Here’s a breakdown of the circumstances:

1. Employment History and Merger:

I began working for Subsidiary C in February 2022 under a permanent contract for 30 hours/week at minimum wage +5%.

In October 2023, Subsidiary C merged with Company B, which I believe should have triggered TUPE protections.

I was not consulted about the transfer, nor was I provided with any TUPE-related documentation. Instead, I continued working without formal terms until March 2024, when I was presented with a fixed-term contract at 32 hours on minimum wage, with my role scope set to broaden beyond what I was already doing for sub c, which I declined.



2. Changes to Terms Without Consultation:

The march contract increased my hours to 32/week and reduced my hourly rate to minimum wage, effectively worsening my terms.

This change was imposed without any formal consultation or agreement, which I understand could breach TUPE protections.



3. Unpaid Hours and False Promises:

Between May and October 2024, I worked an additional 200 hours in good faith, based on verbal assurances from my manager that I would receive a pay raise and a permanent contract at the end of the 6-month term.

I later learned that cost-cutting measures implemented in June made these promises unachievable, which I believe constitutes bad faith and exploitation of my willingness to assist during a challenging period.



4. Failure to Inform and Consult (TUPE):

I understand that under TUPE regulations, the employer is required to consult employees about the transfer and preserve their original terms unless there’s a valid economic, technical, or organisational (ETO) reason.

In my case, no consultation took place, and my terms were altered without justification. This failure may entitle me to up to 13 weeks’ pay as compensation, is this correct?

I believe I also had untaken holiday/annual leave from 2023 with sub c which wasn't reimbursed to me at the time of the transfer.


5. Seeking Guidance:

Could the lack of consultation and TUPE violations strengthen my claim for unpaid hours and broader compensation?

Should I approach this as two separate claims (TUPE breaches and unpaid hours), or can these be tied together as part of a broader case for mismanagement and breach of employment rights?


Thank you again for your advice and support on this matter.

[Fl0Ding0-87]

ULA

I also forgot to add that Subsidiary C provided me with a P45 before the merger.

[ULA]

In theory if the merger i.e. where 2 companies close and combine to form a new one then this is potentially covered under TUPE regulations. Is this what happened in this case? If so you should have transferred on the same terms and conditions to company B.

In terms of the issues you raise:

P45 - I believe that P45s may need to be issued where there is no "succession". A succession will only occur if:

* The ownership of a business changes from one legal entity to another.
* The buyer takes responsibility for the payroll records of the seller.

In practice, few buyers take responsibility for the seller's payroll records and so there will be no succession, with the result that P45s may need to be issued by the seller.

Failure to consult - if this merger is covered under TUPE then yes, based on what you have said, there does appear to be a failure to consult, however you are out of time to make a claim to the Employment Tribunal as you have 3 months less a day from the date of the transfer to make such a claim.

Holiday - any untaken holiday will transfer with you to the new company under the rule of your terms and conditions remaining the same on transfer.

In March 2024 did you not query why you were being given a new fixed term contract when you had been on a permanent contract with the transferring company? By working to the new contract since March you effectively accepted the contract even if you were not consulted in it.

Unfortunately verbal assurance of pay rises do not always become reality and there is no legal argument that I am of aware of you can use to claim compensation for this.

My biggest concern in all of this, if TUPE applies, is the fact you were on a permanent contract with subsidiary C prior to the "merger" and that should have continued, so I am not sure why you were presented with a fixed term contract to sign.

TUPE is a complex piece of legislation and it may well be that you need to take some specific advice from a specialist solicitor in this area to confirm whether TUPE was applicable in this situation.