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Part Time working Full Time Hours


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Hi,

Can anyone help me?

I am currently employed on a 20 hour part time contract within the catering industry but for the last 2 years i have been working 37.5 hours or more. My employer states any hours im given over 20 are overtime but im working more hours than full time members of the team on occasions. As soon as i take holidays etc im paid my contracted 20 hours even though i could of worked 40+ hours for several weeks previous. Basically as soon as trade goes quiet im punished and my hours significantly drop. (For example over the december (christmas) period i worked 6 days a week but in January i am now down to 3 days. Whereas fulltime members are constantly on their 5 days (37.5 hour contract).

 

Also the full time members of the team are on a higher rate of pay (thats why they get me to work more hours) , when I question why i cant be on the same rate they tell me that this is the new structure and if im not happy i can leave.

 

Does anyone have any advise regarding getting an improved contract, or are there any laws to help me.

 

A colleague mentioned if I work over 16 weeks on full time hours i am entitled to a full time contract, is this true or is it just speculation.

 

Any advise would be great

 

Thanks

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that's correct. Best find a new job where they will treat you better!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Sorry but are you saying that you do the same work (leave aside type of contract) for less pay than others in same job?

 

If that's correct then my understanding that this is illegal?

 

Can someone correct me there?

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Sorry but are you saying that you do the same work (leave aside type of contract) for less pay than others in same job?

 

If that's correct then my understanding that this is illegal?

 

Can someone correct me there?

 

It is only illegal if it is on grounds of gender, race etc.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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There has actually been a recent, well publicised Tribunal decision which has attracted a lot of legal commentary on this issue.

 

Currently as the law stands, you're only entitled to holiday based on contractual hours. If you're a zero hours worker, you can claim based on actual hours worked.

 

However, the recent ET decision (which is not binding and has not become law, however is deemed persuasive) stipulated that in actual fact, workers should be entitled to pay on actual hours worked; not what their contract says.

 

It's very likely that this will become law in the near future, however we are not quite there yet. Whilst they're currently acting lawfully, if the law does officially change then there be a nasty sting in the tail for employers when their employees claim their backdated holiday pay!

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However, the recent ET decision (which is not binding and has not become law, however is deemed persuasive) stipulated that in actual fact, workers should be entitled to pay on actual hours worked; not what their contract says.

 

It's very likely that this will become law in the near future, however we are not quite there yet. Whilst they're currently acting lawfully, if the law does officially change then there be a nasty sting in the tail for employers when their employees claim their backdated holiday pay!

 

 

If this does become law at some point in the near future, I expect there to be notification of an effective date and no liability for retrospective claims.

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Sorry but are you saying that you do the same work (leave aside type of contract) for less pay than others in same job?

 

If that's correct then my understanding that this is illegal?

 

Can someone correct me there?

 

I got promoted into the position im in now which is exactly the same work as the guys on £2 an hour extra. As i was still training i never queried a payrise until i got my qualification. Once I did they ranted about the recession and said the role was now fixed to the rate of pay i currently am on. In other words i have gained more responsibility and no extra pay.

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If this does become law at some point in the near future, I expect there to be notification of an effective date and no liability for retrospective claims.

Only if it's incorporated into statute, which will take years - unfortunately for employers, case law can be applied retrospectively - to a reasonable degree!

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