Employment rights

A question about : Employment rights

Hi, Myself and 5 of my colleagues have been working 20 minutes above our contract every week that we have not been getting paid for, this has been going on since the 1st of July 2010. This was first brought up at a meeting in September 2010, my employer had been aware of this for over 2 years now, we have brought it up at numerous staff meetings are well as in the workplace.

It has been raised with 2 team leaders and 2 service managers. Other staff members based in other places have had the same problem but had it fixed quickly. As of this week we are due 40 hours, my employer has finally agreed that we are entitled to get this backdated, however we are not getting paid for it, even although we have worked it. They are proposing that we get away 10 or 15 minutes early at the end of some shifts until the 40 hours is cleared. can we demand to be paid or is this legal?
Thanks

Best answers:

• Demand an extra weeks holiday instead.
• Haha I'd take it in a lump sum.. but they won't even give us that :/ I'd much prefer to be paid for it.
• Hi I am not sure if I am in the right forum need advice on sickness issues at work .if I am dismissed, will that mean my pension goes with it
• 20 minutes a week? Assuming a 5 day week, that's only 4 minutes a day! Are you serious??
• It is only 4 minutes a day, we work on a 3 week rota, and we're working an hour every 3 weeks we are not getting paid for. The managers attitude is horrendous and we are now due 40 hours, this is over Ј300, yes I'm serious.
• Do you earn more than NMW because if it doesn't take you under working this extra hour every 3 weeks there most likely is a clause in the contract stating that you may have to work extra.
  If it takes you under NMW its unlawful.
  As for the resolution as they have said OK I think you will struggle to get much more but maybe push to have it in half day stints?
• Just go home at the end of your paid shift.
• I can't go home, I work in care and I can't leave vulnerable people :/ Or I would! We're now not getting it back dated at all. I do earn over the NMW but there's no clause that states I should work over my contracted hours.
  There reason for not giving us our 40 hours backdated is that there has been occasions that once all the work is done, we have been allowed to leave slightly early. I don't think this will add up to 40 hours and it was an informal agreement with our manager, so can they legally not back date it?
  Anyone.. Help! ha.
• if they are now willing to give it back in short blocks (in the way it was earned) then I would think that was reasonable, provided you are not on NMW and continuing to accrue it.
  It depends how big a fight you want ultimately.A lot of people can do 20 hrs a week unpaid in some industries, (including the one I am in, ) and no that isnt right either.
• I'm not willing to work unpaid, not now with the way they are acting. I'm sticking strictly to my hours but I would like the 1 hour extra every 3 weeks backdated as we have raised the issue so much.
  Some managers need get themselves some serious people skills.
  I don't want too big a fight to be honest, these people tend to be better at winning these kinds of fights, but I would like to give it a go with some ammo behind me.
• how/why do end up working 4 mins a day for free, it doesnt make sense, no one rosters at 4 minute intervals....?
• Our hours were reduced from 39 to 36, and in the process of changing the rota we were rota'd in to work an extra hour every 3 weeks. Which hasn't been fixed?
  Do I have reason to raise a grievance then?