Contract enitlement

[me123]

Hi there.

I've been working with the same company for a bit over 4 years now on a permanent part-time contract which had been 4 hours, but legally had to be changed to 8 a while back. The company's policy is that you have a smaller contract but are expected to work more than that, which suited me while at uni as I could refuse to work too many extra hours to suit coursework etc.

During my final year and after graduating several months ago, I have been working what they would basically consider full time hours (20 or over) with there being several weeks in a row that I was working around 50 or so hours a week. I know I should have been given something to sign at that point to say i was willing to work hours over 48, but thats not what bothers me.

Due to constant cuts within the company (despite it doing very very well and growing at a huge rate) there aren't many hours going within the store at the moment. This means I am working barely ebove my basic contract, and cannot afford this due to student loans/overdrafts etc (basic student debts really).

Am I correct in thinking that I am legally entitled to a higher contract as I was working higher hours for so long. I can't remember what it's called but I'm sure I have heard it mentioned several times before, although not in my work obviously.

There are a LOT of problems in my work with what is and isn't legal with how we are treated. But several of us would like to tackle this first so we can afford to deal with anything else lol.

 

Any advice/info anyone could offer would be GREATLY appreciated.

Thanks.

[Miss_Dior]

I think you may be referring to the working time directive...im not sure..might be worth googling

[me123]

the working time directive covers the work over the 48 hours, which I might deal with them over later lol, but it's the minimum contract I'm entitled to I'm trying to find.

Thanks tho, got that bookmarked for later now lol.

[Miss_Dior]

the working time directive covers the work over the 48 hours, which I might deal with them over later lol, but it's the minimum contract I'm entitled to I'm trying to find.

Thanks tho, got that bookmarked for later now lol.

 

Oh I don't know then, sorry. Try giving ACAS a call...numbers pinned in this section.

 

Good Luck

[me123]

Thanks anyway, I'm sure I'll find it eventually

[Ell-enn]

Hi there, what exactly is the wording of your contract in respect of hours? does it have a clause which says you may be required to work additional hours to meet the business nedd (or something like that) ?

 

Kind Regards

 

Ell-enn

[me123]

I'm unsure of the exact wording (I'm going to ask for a copy when I'm in tonight). But, I'm sure it mentions something like that.

Does that throw it all out the window? :s

[paulgmb]

Hi,

 

unless you were specifically asked to work these hours on a permanent basis there has been no breech of contract as what you have is an implied term not a contractual one. As long as you are always able to work 8 hours as per your contract, any additional hours are probably on an overtime basis. You could argue by taking out a grievance against the manager who has made the decision. Do you have anything in writing?

 

If you were asked to work 20 hours per week you could argue that this was a permanent change and the longer you have been doing this (so long as it was consistant) the stronger your argument.

 

Regards,

 

Paul.