Reduced hours but yet took more staff on

[stuggling]

I'm contracted to 3 days a week and recently a member of staff who did 5 days a week has took a year off due to illness, I was working 5-6 days a week for 2 months I was happy to do this. Then they took on another member of staff on a 4 day contract.

 

For the last 2 months I've been doing 4 days a week, but had a call today saying that I've too many holidays booked, not sure how my wage slip says 7 left but manager says 5, that I can look into more.

then went on to say look because you have worked 4 days for the last few weeks I can only give you 1 shift week for the next 4 weeks! I said no I can't!! I'm the only one working in our house as my partner job was lost (due to company going into administration)

Then said I've covered all my contracted hours the last few weeks! But yet the be person is still getting more hours!

 

I'm fuming what can I do. I've not been with company for 2 years only 9 months, so not sure what to do

[obiter dictum]

They are only obliged to pay you your contracted hours

[stuggling]

I said that too but apprently because I've done 4 days a week instead of 3 the last few weeks it covers the fact I'm now not getting 3 days a week, I stressed that was over time but apprently there is nothing I can do.

[obiter dictum]

You are talking "Custom and practice"

 

You will need to be doing those same hours for six months mnimum before even considering custom and practice

 

They do not want you doing these extra hours as it gives you extra paid holiday entitlement

[stuggling]

I don't get what you mean by custom and practice ? Sorry

[obiter dictum]

If you do 4 hours every week for six months when your original contracted hours are three

 

You will be then in a position to request your contracted hours be made up to 4 as you can show a business need for you to be doing 4 hours a week regular

[stuggling]

Ok I get you, thank you, so no matter what I should be paid for 3 days even if they have no hours for me

[obiter dictum]

Yep

 

They still have to pay you for three days

[stuggling]

Brill thank you

[stuggling]

I just cancelled my holiday in December too because they said I wouldn't have any holiday pay due to not working enough hours, thinking going to go our area manager and see what they can do

[Guest topcat14]

If you are contracted to work 3 days per week then that is what they should pay you for....no argument.

 

Your employer should not change your contracted hours without your agreement. It would be interesting to know what exactly (ie word for word) your Terms & Conditions state about your hours of work.

[stuggling]

I shall dig it out and put up

[stuggling]

Just looked at contract normal working hours is a blank box and normal working days box Is blank but yet I was told 3! I'm fuming and upset as that means they don't have to give me any hours ;(

[obiter dictum]

They have to tell you how many hours you are contracted to do each week as it is an express term

 

Those hours impact your annual leave paid entitlement

 

The only exception will be a ZERO Hour contract

[Guest topcat14]

Ok, do you have a "Job Offer" letter that states 3 days per week ? or any documents at all that indicate your expected hours of work. Did you sign the terms

 

As you have worked for 7 months on 3 days per week previous to the increase in hours for the last 2 months, I would suggest "Custom & Practice" could come into play but........your employer would only have to show that there were business reasons to cut your hours for it to be a fair decision.

 

On the other hand they have taken on someone else. Is the new employee performing the same job role as you ?

[stuggling]

No nothing, yes same role, I work at 2 different sites but they just at the one. Got 10 out of 10 on performance and also get complaints any mistakes I've owned up to straight away and resolved. The

[Sidewinder]

If you do 4 hours every week for six months when your original contracted hours are three

 

You will be then in a position to request your contracted hours be made up to 4 as you can show a business need for you to be doing 4 hours a week regular

 

Are you sure? Your post here seems to suggest that 6 months is a definitive timeline. Whilst there 'might' be a reason to 'request' a change in normal hours using business need in support of the request, or even to argue that C&P has implied a change to contracted hours of work after 6 months, there is surely no fixed point at which such a request would be granted automatically, or even more likely to be successful. The 'business need' would also depend largely on the nature of the business itself - seasonality or a fluctuation in orders being only two factors to consider.

 

Only a Tribunal can ultimately determine whether C&P has changed the terms of a contract.

[obiter dictum]

I stated six months to be before you even Consider to ask for custom and practice and increase in contracted hours , i myself would go with 12 months minimum

 

Depends on your employer but even under custom and practice they can still say no.

 

The only get out will be if you are continually on a Fixed term or Fixed term temporary contract. But then you will have to wait 4 years before getting your contractual terms increased to a full term substantive contract under statute

Edited November 3, 2015 by obiter dictum

[Sidewinder]

Correct. And of course the peril of trying to assert Custom and Practice often serves to remind the employer that maybe they need to revert to the contracted hours and bang goes any chance of regular overtime in the future!

[stuggling]

I don't get complaints sorry should have put good feedback, I'm worried now as this month I will only come home with £500 due to them cutting my hours

[Emmzzi]

Second job seems in order; lots of places now needing xmas temps.

[stuggling]

I can't do as this company don't let you, and why should I when I was promised 3 days a week and now not getting it and they took on more staff for the same role and give them more hours.

[Emmzzi]

I can't do as this company don't let you, and why should I when I was promised 3 days a week and now not getting it and they took on more staff for the same role and give them more hours.

 

You should get alternative employment as your current one does not suit you. They seem to be acting legally. Therefore "it's not fair!" will not do you any good.