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Ok I need some guidance with this as the other reps aren't being very forthcoming.

 

There are two colleagues on Flexy contracts 1 does core hours of 2 - 7.05 hours but has worked a regular two other shifts per week over the period of a year.

 

The other has core hours = 1 - 7.05 hours but has regularly worked an additional 4 shifts so that,s 5 shift per week over a period of a year. It is clear that both colleagues should have their contracts re-evaluated to recognise this but does the employer have to do that as it seems that the company is acting unethically in my opinion.

 

A bigger problem is that the colleague with one shift has holiday entitlement of 4 days even though he / she is effectively doing a full time role and recently had to drop two weeks overtime to take holidays. However it is my understanding that anyone who does regular overtime is legally entitled to have those hours calculated in for the purpose of holiday pay. Am I correct if so both colleagues are entitled to a large number of days holiday before the end of the tax year.

 

Before I take this further I would appreciate some clarity here as I seem to be working unsupported by other reps.

 

Regards Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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Your second point is definatly worth investigating as the rules recently changed Re: holiday pay and hours

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Sorry I should have said I am a full time union rep myself so yes I mean union reps or one rep in particular.

 

The issue is there are many changes occurring in our company at the moment and the other reps I deal with who work the day and evening shifts and best placed to address night colleague issues, so saving me having to stay back till 8-9am or go in outside my shift; however they seem reluctant to challenge the PM and senior managers unless it directly affects their groups?

 

To be honest I get the feeling that one rep who paints himself as Big Chief Repingbull is scuppering many of my concerns directly colluding with the PM etc to make issues disappear, so I am loosing faith in him particularly but he is my first port of call unless I go and address the issues myself..

 

That is why I want to be clear before jumping in on this matter.

 

Regards Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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Your second point is definatly worth investigating as the rules recently changed Re: holiday pay and hours

 

Cheers I was thinking the same thing on the second point and you have confirmed my suspicions. I could do with some council on the first matter and best way to deal with it especially as I am hearing rumors that the night shift could be axed or redeployed. If the first is true then any redundancy pay for these two will rely on acculturate information.

 

would the holiday calculation be directly attributed to the overtime done ( so a monetary remedy? ) Or would the people affected be entitled to the days off?

 

 

EXAMPLE. If on the 1 day core hours they get 4 days of - if they have done reg 5 days are they entitled to say 20 days off? If that's the statutory amount of holidays given to a worker contracted to do 5 days or would the core holidays still be 4 days If that is the case then I'm confused as to how it works

 

Regards Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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