Actual working hours ... contracted hours

**NotAllThere** · 29 July 2018, 19:18

It's hard to understand what you're on about as your explanation is incoherent.

You start work at 5:30am, finish at 2:00pm. During that time you're entitled to a 30 minute paid break. Why would you have 10 hours overtime?

Also, 5:30am is early morning. Why are you talking about night rate? Have you read your contract, what does it say?

**northernladuk** · 29 July 2018, 19:28

What do you do? This isn't service desk work or something like that is it? You are a contractor with a LTD company?

**Adsmith83** · 29 July 2018, 20:00

Yes sorry ... I get unpaid 30 mins break ... they are saying that my contract is 42.5 hrs has I'm only doing 40 then they take it off me overtime which is 10 hrs per month .... but they told me to work 530am till 2pm so my hrs are only 40 hence they will not pay me my 10hr overtime they owe me .... but my contract says nights so does that mean I am entitled to night rate

**Adsmith83** · 29 July 2018, 20:18

Originally posted by northernladuk View Post

What do you do? This isn't service desk work or something like that is it? You are a contractor with a LTD company?

No I work has a warehouse supervisor

**mudskipper** · 29 July 2018, 20:22

Originally posted by Adsmith83 View Post

No I work has a warehouse supervisor

If your contract has a daily rate, then that is what you are paid per day. If your contract has an hourly rate, then that is what you are paid per hour. If your contract has a daily rate, and specifies that it covers n hours, then you are not obliged to work extra hours, and if you do, they are subject to whatever your contract states.

It's not clear what you're asking, but it sounds like you need to read and understand your contractual obligations.

Are you working via a limited company, or umbrella/agency payroll ?

**simes** · 30 July 2018, 08:45

Originally posted by NotAllThere View Post

It's hard to understand what you're on about as your explanation is incoherent.

As was the question... Deary me.

**Bean** · 30 July 2018, 10:06

Originally posted by Adsmith83 View Post

Hi all need some help on this if anyone can

So my work place I have a contract with which reads 42.5 hrs 30mins in paid breaks ... although I am told to start work at 530am and finish at 2pm which is 8.5 hrs ... so I have been doing overtime but not receiving 10hrs per month overtime due to me not working my contracted hrs 42.5 ... now here's where it gets messy I work days but my contract says nights am I right to fight this 10 hrs overtime to be paid or right to fight the fact that my contract says nights so I want night rate which is more than days

I really doubt, that you will 'win' the argument, to be paid at the night shift rate, given that you start at 05:30.

IF your breaks are unpaid, you are doing 40hrs/week instead of the 42.5/week you agreed to in your contract = NOT good
IF your breaks are paid, you are doing 42.5hrs/week = GOOD

IF your breaks are unpaid, do the extra 2.5hrs/week and ask for your 10hrs overtime after that.

I think you may be costing yourself 7.5hrs/month overtime, by not doing your agreed contracted hours.

Hope that helps

**LondonManc** · 30 July 2018, 10:20

The government class night working as follows:
Staff who regularly work at least 3 hours during the 'night period' are night workers. The night period is 11pm to 6am, unless the worker and employer agree a different night period. If they do, it must be 7 hours long and include midnight to 5am.

You're not a night worker, which goes against your contract. You potentially need it amending as well as clarifying.

Actual working hours ... contracted hours