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  1. Hi all, my first post here so hoping I am in the right place Its a bit long winded but I will try to be concise as possible. I work in local authority in care centre. The same group has a number of similar centres throughout the County. We have recently been subject to management restructuring and additional responsibilities have been added to my role and other staff who do the same role as me in the other locations. We also have regular review meetings where we get together and share ideas to standardise our policies and operating procedures throughout all the centres, so we all work the same way. However, at these meetings I have discussed working hours with other staff doing this role, and find that whilst my contracted hours are 18, most of the others are on 25hrs/week. I raised this with management several months ago, both verbally and in writing, requesting that my contract be reviewed to align me with my peers. This was verbally acknowledge with a "we will look into this" but I have heard nothing more since. I have also recently discovered that when I was recruited, I was put on a higher pay grade than my peers, through employer error, which I had no idea. I suspect that they are holding off increasing my hours as they are already paying me more than everyone else for the same role, but that does not give me more time to complete my work so is not a valid reason. I am struggling to keep up with my daily tasks and finding it very stressful that I have to rush and make mistakes/forget things due to time limitations. I am looking for alternative employment as I feel I cannot continue doing this job successfully on the hours given, but feel I shouldn't have to go through this upheaval if they just agreed to increased hours. I also suspect that should I leave, my post will be re-advertised at correct pay and 25hr contract to sort this anomaly. What are my rights here? It is their mistake that I am higher paid for the same job, but that doesn't enable me to complete the work in less time, so feel I am being discriminated against. I feel its verging on constructive dismissal, but I know the terms needed to apply this are very specific. Any advice appreciated, thank you
  2. Hi, this is in relationship to my daughter she has the following wording in her contract "Your hours of work will be 26 hours per week. you hours of work are flexible, as required to meet the needs of the business. your hours will be varied and allocated on a weekly rota in advance" my question is; she is constantly being made to work above and beyond 26 hours, basically is her employer allowed to continually do this, some weeks she may work 36 hours. many thanks in advance for any help
  3. How long do you have to work consistently over your contracted hours before you can request your contract to be changed to the hours you are working
  4. Hi all Thanks for taking the time to look at my question. As stated in the title I've requested my holiday allowance from my employer and have received a response stating my allowance so far this year is 6 hours a week as per my contracted hours. I work on average 25 - 30 hours a week shift work and have done for the entire year and previous years too. So far this year I have been paid for 544.5 hours of work Here is quoted from my contract under the headline "holidays" "In each holiday year you are entitled to 5.6 weeks paid holiday pro rata to your working week ( the holiday year runs from 1st April to 31st March)" The rest of the information under the same heading is unrelated to my issue ( notice period, can't carry over to the next year etc) I've worked for this company on and off for the last 8 years but this current contract was signed on the 11th of June 2012 Last year I had a similar issue trying to get holiday pay out of them and ended up getting my previous 8 weeks average for the 2 weeks I requested. This year they are using the excuse that last year they couldn't find my contract but now they have, my holiday entitlement is 16 hours based on the 6 hour contract x 5.6 weeks pro rata. What advice can you give me to help me fight for my right for fair holiday pay, please provide references where you can. Thanks again for looking and for your responses Jez
  5. Hi everyone, Can anyone help me to quote the right legislation to the Employment Tribunal? I am asking the ET to confirm that I should be administered as an employee rather than self employed. I am paid the same rate per hour as the employees but they get statutory holiday pay and SSP. We all do the same job and report to the same manager. The only difference is the way we are paid. Would there be some claim under the equal pay provisions? I would like the ET to confirm that I am an employee and I would really like backdated holiday pay! Can I claim that and if so can I claim it from the start of my self employment with them? Very many thanks!
  6. Hi I am looking for some guidance if possible please. I currently work for a company on a 15hrs contract but have 29 permanent hours that I work weekly and have done for 2 years. Whenever it comes to taking holidays I feel that perhaps I am being short-changed because they will only pay me for 15hrs per week. Is this really all I am entitled to? Thank you in advance for any information or help you can offer
  7. Hi, My friend is in need of some advice so I am helping her look for a solution She is a care worker for a family, employed by a company to look after a child needing 24hr care There are meant to be at team of 4 working shifts however they can't seem to keep people employed So there are 2 regular careers inc I'm friend and bank staff / agency staff when they can get them My friend only has a 30hr contract but is expected to work 40-50 hours every week and has for over a year now They are doing this so she is not entitled to a full time holiday pay surely this can't be legal What I am looking for is a law which says she is entitled to a new 40 hr contract or full holiday entitlement I really appreciate any help you can provide Action_Man
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