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Going back part time and boss wants to cut pay for same job

16 replies

squareheadcut · 03/03/2015 12:52

I get an allowance for working unpredictable hours which my boss is cutting by half because I am returning part time 3 days a week. He refuses to increase my hours for the 3 days to make up for the shortfall. Nothing I can do about it as the allowance is pretty discretionary but feeling peeved that he is being so mean about it. Will have to go back full time sooner than expected because of it so then he will have to pay me top whack.

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gincamelbak · 03/03/2015 12:55

Is the allowance being cut pro rata? If you're working 3/5 not 5/5 then I'd expect payments including allowances to be paid at same rate of work, ie 3/5.

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PenguinsandtheTantrumofDoom · 03/03/2015 12:57

He can't treat you less favourably because you are part time. But are your hours now less unpredictable?

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anotherdayanothersquabble · 03/03/2015 12:58

Will your 3 day days be set and therefore no longer unpredictable?

Was it for example £150 per month bonus and now you are getting £75 per month instead of £90?

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Unexpected · 03/03/2015 15:29

Can you clarify if your days will be fixed but hours within them will be unpredictable? Or will you be working any three days across the week?

Your boss doesn't have to increase your hours per day for the three days if he doesn't wish to or if it doesn't suit the needs of the business e.g. if you are asking to do, say 10, rather than 8 hours per day to increase your take-home pay, there is no obligation on him to allow you to do so if the extra hours are of no use to the business. I also don't understand your point about him to having to pay you if you go back earlier than anticipated - that is indeed true but then he has the benefit of having you back at work and contributing to the business?

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squareheadcut · 03/03/2015 21:05

My 3 days are set but he can ask me to change them at any time. My hours within the 3 days are unpredictable. My allowance is cut by half rather than 3/5.
Yes he will have the benefit if me full time if I have to return working my previous hours, maybe that's what he would prefer I don't know.
I just think the allowance cut was a surprise he never mentioned it before until I got the letter from HR. Last time I went part time earlier in the year my allowance remained the same. But there's nothing I can do as he can argue that it's all above board I'm sure.

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Stealthpolarbear · 03/03/2015 21:09

wll you be able to just go back full time
surely it will be a request

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AliMonkey · 03/03/2015 21:12

If treated less favourably than a full time worker then it can normally be argued that it is sex discrimination (as most part timers are women) unless there is s good reason. I would ask him to explain in writing what the reasons are. If he can't give a satisfactory answer then you should mention the discrimination issue ...

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anotherdayanothersquabble · 03/03/2015 21:35

Check with HR... Point out that you think they have made an error in the calculation and it should be 60% not 50%

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squareheadcut · 04/03/2015 13:39

Omg I hope I can go back full time I hadn't thought he might refuse that later down the line.

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Stealthpolarbear · 04/03/2015 13:45

If you successfully argue you can do the job that needs doing in fewer hoursx, then unless things change they're unlikely to give you more time and pay more surely? Unless you can demonstrate a benefit to the business of you being there more days

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Unexpected · 04/03/2015 14:04

I am only picking up now that this 3 days a week is supposed to be for a fixed period of time. How long are you proposing to do three days a week and when will you return to full-time? I trust this is all going to be documented and that you don't end up with the three days becoming your new, contracted role?

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TywysogesGymraeg · 04/03/2015 14:11

OP - in all honnesty, I think you're wanting your cake and wanting to eat it! If you can do the job in 3 days, why would he employ you for 5? Unless you're doing a job share, and someone else is covering the other 2 days.

You now only need to be flexible on 3 days a week, not 5 days a week, so it's fair that your allowance for being flexible is cut. As others have said, I think you could argue that it should be cut to 3/5 of what it used to be, rather than 1/2.

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Unexpected · 04/03/2015 15:32

I assumed that the OP worked in an area where several people were doing the same work (e.g. if she worked in a care home or a large retail store) so the amount of work remains the same but is just divided out among a larger or smaller group of people. So if she goes back three days she does three days worth of the work, other people get more shifts, then if she goes back fulltime there is two days less of work to be shared out among everyone else? Of course, if it is a stand-alone role and she continues to do the same work in three days then indeed the employer would be rather silly to agree to increase to five days at some future point for no additional benefit.

Another point which occurred to me was to wonder how much money we are talking about here? I don't know what the allowance for unpredictable hours might be but even if it were a huge amount like £1k per month (unlikely! - but a nice round figure) then the difference between the 50% which the employer is offering and the 60% which the OP wants is £100 p/m pre-tax. As the OP says she intends to return full-time at a later point the amount in question is only £100 x the number of months she works part-time. OP, I think if you normally have a good working relationship with your employer you may decide it's not worth the battle, especially if you are relying on his agreement to returning to work full-time later on.

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squareheadcut · 07/03/2015 05:56

No I'm not going to say anything to him more about the change as he has refused any negotiating on it there's nothing more I can do anyway. I will check with hr though that my original contract will be reinstated when I go back full time.

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PotteringAlong · 07/03/2015 06:12

I'm going back to work part time after maternity leave - I will have a new contract; there won't be any original contract to be reinstated. Definitely double check with HR but you will be unlikely to chop and change I think.

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addictedtosugar · 07/03/2015 06:53

I agree with Pottering Once you have changed to a PT contract, the process of changing your hours back to FT are the same as changing to PT - you need to apply to a change in hours, and show why the business isn't going to be affected - so if someone else is covering the other hours, what are you going to do with the other 2 days?
Unless this isn't a permanent change, but has been done using holidays / discretion etc?
Good Luck!

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