Am i entitled to be paid for hours worked.?

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Hi all, 1st post.

Tricky one this,

Until 22/03/2011, i was a C+E Driver for a DHL contract in Leicester.

My contracted hours were 48 per week, this is what my contract says i will be paid for, no overtime is payable unless a 6th shift is worked.

However, my daily routine means that every week, come Thursday, i have worked around 48 hours, when i asked the transport manager if this meant i could have Friday off, i was told, if you do not want to be paid for the day, yes, so this means i am working one day a week for nothing.

In the last 6 months of working, i have worked at least 60 hours a week, having been told that all hours over and above this would be banked and given as “time off” in lieu of hours worked.

When i decided to resign from the company, i asked the transport manager what would happen to these hours now i was leaving the company, he told me that, after discussing it with his senior manager, i was not going to be paid for accrued hours.

I dont know how many hours i am owed, no one would tell me.

My question is this, Am i entitled to be paid for these hours, and what options do you suggest i use to persue this (solicitor/small claims)

Any information will be gratefully recieved.

Thanks,

Dez East.

2

Hi Dez, sounds like BS to me, especially from DHL. I think they’re just trying to fob you off. Employment law is not something I know much about so I can’t really advise but some of the other chaps will have some advice for you soon so stay tuned. :smiley:

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Do you have a diary and/or a digicard so that these hours owed can be shown?

If you are from Leicester then the Community law advice centre at 60 charles street might be worth a visit

4

Welcome to Trucknet-UK BigDez :wink:

BigDez:
My contracted hours were 48 per week, this is what my contract says i will be paid for, no overtime is payable unless a 6th shift is worked.

Sorry to hear about your problems mate, it looks like you’ve been stitched up good an proper :frowning:

I assume it’s in your contract that you will only be paid for overtime if a 6th shift is started, you don’t say what your usual work pattern is but I’m going to assume that it’s 5 days a week Monday to Friday.
If Friday is your usual working day then I’m afraid it looks like you’ve got no claim as you must have signed a contract stating that you will work Monday to Friday and accepting that overtime on these days will not be paid.

This sounds like a rough deal but it’s the way I see it from the information you’ve given … sorry :wink:

Hopefully someone will be able to prove me wrong about this, for your sake I hope they can :wink:

Good luck.