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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47356
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have an employment policy that was changed by mistake in

Customer Question

Hi,
We have an employment policy that was changed by mistake in 2014 that previously stated overtime on weekends was paid at time and a half but now it states that overtime at weekends will 'usually' be paid at double time. This double time rate was never applied and employees still continue to use the time and a half rate. Can we simply change the policy back to time and a half as double time never became a common practice?
Thanks for your help.
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello was this issued to new joiners of the company?

Customer: replied 1 year ago.
No, it is available on our company intranet site
Customer: replied 1 year ago.
Hi, can I please get an answer otherwise I will need to get a refund? Thanks
Expert:  Ben Jones replied 1 year ago.

Hello, sorry my connection dropped earlier and I have only just managed to get back on the site. I do not see any issues with changing the policy back to what it used to be. If it was introduced in error and never applied in practice, then it would be quite difficult for employees to try and argue that it had become something with a contractually binding effect through custom and practice. Had the policy been applied consistently over a period of time and it was intended for it to be in effect, then they may have tried to claim that it was something which had become contractually binding. However, in the circumstances that would be rather difficult so you can just amend it back to what it used to be.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you