Any advice on part time and hours worked please?

(5 Posts)
laicepsgnileeF Fri 06-Sep-13 19:19:37

At my work place full time is 40 hours a week Mon-Fri. I do 32 hours a week Mon, Wed-Fri with Thurs as my contracted day off.

One week every month, work keep asking me to work the Tuesday, I have been saying yes to be flexible. However I appear to have now shot myself in the foot.

I work part time as I don't want to be full time, and I agreed to Tues as day off as work wouldn't allow me Monday or Friday and out of the other three days Tues suited me best.

They give limited warning when they want me to work a Tues - e.g. they've asked me today to work next Tues. I said I have an appointment Tues morning but can come in an hour after normal start time, I then suggested when I could have the time off in lieu.

They got arsey re coming in an hour late, then said that it was inconvenient for me to have more than the one day off a week, so I could not take the time off in lieu. I said ok well I'll put a claim in for the additional hours. They said you know we are not paying anyone overtime, and showed me in my contract that states I am to be flexible as the job demands.

Can they a) make me work my day off, b) if they can make me work my day off are they able to i) refuse time off in lieu and/or ii) refuse to pay me for the additional hours worked?

Any advice gratefully appreciated.

flowery Sat 07-Sep-13 07:39:43

a) no, unless your contract specifically says so. A "flexible as the job demands" clause wouldn't cover forcing someone to work complete extra days.
b) no. You are entitled to be paid for the work you do, which if you work an extra day, means time in lieu or extra pay.

This flexible clause they showed you would cover things like expecting you to stay a bit later at busy times, that sort of thing, without overtime pay. Pretty standard. But it doesn't mean they can demand people paid part time have to work full time.

laicepsgnileeF Sat 07-Sep-13 10:06:41

Thank you flowery, that's what they are saying, that full time staff have to stay on an extra hour or so to complete work without pay, therefore I have to work my day off without pay.

I don't agree with the extra hour without day personally, so really object to work day off without pay.

flowery Sat 07-Sep-13 11:01:13

Well, whether you "agree" with an extra hour or two isn't really relevant. That clause in your contract allows them to require that and is perfectly normal. What it doesn't reasonably extend to is getting people to regularly come in on their day off. It would be like insisting full timers work a Saturday regularly without pay and I'm assuming they don't do that?

laicepsgnileeF Sat 07-Sep-13 11:13:44

No they don't allow that. But with regards to agreeing to the extra hour is I wasn't sure whether that was clouding my judgement.

The expectation from management is that they pay us all to work 08:30-17:30 (1 hour lunch break), but we have to be in the office 08:00-18:00 minimum.

I'm not work shy and have the attitude of getting the work done, but I'm feeling like management want us to do an extra 5 hours a week minimum and not pay for it (for full time staff). But for part time staff they now appear to be wanting an extra 13 hours a week and not pay for it.

This I do not see to be in the spirit of the clause in the manner that it was written or what I signed.

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