You and the Law – March 10th, 2009

Calling time

I’VE worked three days a week for a firm for seven years, putting in an eight-hour day. Until recently they¹ve paid me at time-and-a-half for any extra hours worked. But a new manager now says if you don¹t do 40 hours a week he doesn’t have to pay overtime. Is this true? LK

Part-time workers should receive the same hourly rate of overtime pay as comparable full-time workers – but only once they have worked more than the normal full-time hours. You are entitled to the agreed payment for any extra hours worked to date.

But unless you are contractually obliged to work overtime (in which case you might be able to argue that the time-and-a-half rate has been set by custom and practice) you will have to reach a new agreement if you want to continue working extra hours.

As things stand, you’re not obliged to work overtime and your employers are not obliged to offer it.

Caught in a trap

MY son was caught in a speed trap and didn¹t supply any information about the identification of the driver. He’s now been issued with a summons. I thought there was a European law about the right to silence? MP

Under the Human Rights Act (which incorporated the European Convention into British law) you have the right to a fair trial, including a right not to incriminate yourself.

However, the courts have decided that there is no conflict between this right and your obligation under the Road Traffic Act to supply details of the driver of a vehicle where it is alleged that an offence has been committed.

Individuals have a possible defence that they are unable to provide the information despite
‘reasonable diligence’.

This entry was posted in North Ainley News. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • In This Section

  • Cassie and Vinesh were very helpful throughout both the sale and purchase.  Both went through very smoothly. Thank you! Rachel & David
    Mr & Mrs Syddall - Oldham
  • Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would recommend North Ainley if selling or buying a house.read more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal affairs.read more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top service.read more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely recommend.read more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley Solicitors.read more
    Next Reviews
Menu