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Tenant Farming, Subsidies, BPS & Legal Issues
Employment Law/Tied Cottage help!
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<blockquote data-quote="Ukjay" data-source="post: 7163030" data-attributes="member: 51920"><p>Unfortunatley it does have to equate to your statement above, as you are assuming the contract states overtime is paid at x and y, or that OT hours will be given as TOIL... </p><p></p><p>Technically, as you nor I know what is written in the contract - I will reiterate my suggestion again, that the OP should seek professional advice because if this is becoming a big issue for them, because they could land themselves in a difficult position and potentially loose everything if they challenged the company on the above assumptions.</p><p></p><p>I am not saying I agree with how companies can work contracts in the UK and was something I was really against on UK contracts vs protections for workers in other countries, but hey, we sign these contracts and as such Employers are not legally obliged to pay overtime rates if it is not stated in the CoE, only ensure that your hourly rate does not fall below legal min wage which is averaged over the 17 weeks period for the WTD. </p><p>Overtime can be expected and contractually inferred if you signed it, if your contract states and you signed agreement of such then the company can expect the employee to respect that, but there are rules to prevent an employee working more than 48 hours per week if they have not opted out (averaged normally over 17 weeks or 52 weeks if you are in a collective agreement type situation). You can of course opt out of the WTD as many have done as it benefits them financially in a lot of cases...</p><p></p><p>Also, Agriculture falls into a pot whereby the working time directive allows for some exemptions to the norm due to the nature of the business - so again, not something non qualified people should advise upon imho..</p><p></p><p>So, I stand by there being far more questions to the OP's situation that needs to be investigated, and I would personally urge them to seek professional legal advice as obviously we do not have all the facts, and discussing this on an open forum whereby the OP's partners boss could be reading it..</p></blockquote><p></p>
[QUOTE="Ukjay, post: 7163030, member: 51920"] Unfortunatley it does have to equate to your statement above, as you are assuming the contract states overtime is paid at x and y, or that OT hours will be given as TOIL... Technically, as you nor I know what is written in the contract - I will reiterate my suggestion again, that the OP should seek professional advice because if this is becoming a big issue for them, because they could land themselves in a difficult position and potentially loose everything if they challenged the company on the above assumptions. I am not saying I agree with how companies can work contracts in the UK and was something I was really against on UK contracts vs protections for workers in other countries, but hey, we sign these contracts and as such Employers are not legally obliged to pay overtime rates if it is not stated in the CoE, only ensure that your hourly rate does not fall below legal min wage which is averaged over the 17 weeks period for the WTD. Overtime can be expected and contractually inferred if you signed it, if your contract states and you signed agreement of such then the company can expect the employee to respect that, but there are rules to prevent an employee working more than 48 hours per week if they have not opted out (averaged normally over 17 weeks or 52 weeks if you are in a collective agreement type situation). You can of course opt out of the WTD as many have done as it benefits them financially in a lot of cases... Also, Agriculture falls into a pot whereby the working time directive allows for some exemptions to the norm due to the nature of the business - so again, not something non qualified people should advise upon imho.. So, I stand by there being far more questions to the OP's situation that needs to be investigated, and I would personally urge them to seek professional legal advice as obviously we do not have all the facts, and discussing this on an open forum whereby the OP's partners boss could be reading it.. [/QUOTE]
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