Question from bling, Am I Entitled to Pay for Agreed Work Not Given?
Answer from AI:
When you have a contract with your employer that specifies a certain amount of work or days of work within a set period, and you are ready and willing to work those days, but the employer does not provide you with the work, you may be entitled to payment. This is based on the principle that you have a contractual agreement, and both parties are expected to fulfill their obligations.
Understanding Your Contract
The first step is to carefully review the terms of your contract. Contracts can be complex, and the specific language used will often determine your rights and obligations. Look for clauses related to:
- The duration of the contract
- Any specific provisions regarding the allocation of work
- Payment terms, including how and when you are to be paid
- What happens if the work is not provided
Email Communication and Contract Terms
The email you received stating that the 20 days of work would be completed by the end of December could potentially be considered part of the contract, depending on the circumstances. This is known as a variation to the contract. If the email can be interpreted as a promise or a variation of the original contract terms, it may be enforceable.
Ready, Willing, and Able to Work
If you were ready, willing, and able to work the days as agreed upon but were not given the opportunity to do so, this could be seen as a breach of contract by your employer. In such cases, employees may be entitled to payment for the days they were contracted to work.
If you believe you are owed payment for the days you were available to work but were not called upon, you should:
- Communicate with your employer, referencing the contract and the email communication.
- Request payment for the days you were ready and available to work.
- If the employer refuses, consider raising a formal grievance in line with your company’s grievance procedure.
Legal Advice and Next Steps
If the issue is not resolved through internal processes, you may need to seek legal advice. A legal professional can provide personalized advice based on the specifics of your contract and situation. They can also guide you on the possibility of making a claim for breach of contract.
For more information on employment rights and contracts, you can refer to resources provided by the UK Government on working, jobs and pensions or the Advisory, Conciliation and Arbitration Service (ACAS).
It is important to note that this information is not legal advice, and you should consult with a legal professional for advice tailored to your particular circumstances.