Can work do this to me??

[becca1611]

I have been with my work place for 26 months. It's in a pre school with an out of school club and breakfast club facility available. I took on a contract of 30 hours however work 5 days a week totalling about 40 hours a week. I never upped my contract as we also run a holiday club through the school holidays and I never wanted to work more than the 30 hours during the holidays. In term time I work 5 breakfast clubs and 5 day sessions and two out of school clubs. They have recently become 'over staffed' on one of the day sessions and have asked if I will be willing to take the morning off. I have said no as this will mean me loosing 16 hours a month which I can't afford to lose. I am 20 weeks pregnant and now feel they are doing this as it will obviously effect my maternity pay. Do I have a leg to stand on? Can they make me take the morning off when I have always worked the hours I work since starting? 

[JagerPlease]

Presumably you're due near the start of the holidays and would only have been working 30 hours then? If they reduce your hours to anything over 30 I'm not sure there's anything you can do I'm afraid

[Saltandsauce]

Unfortunately if you are still doing your contracted hours, they can I'm afraid. Also once you go on Mat leave, your mat pay will only be based on the 30hrs contracted hours too.
There's no harm in talking to them though about your concerns.
Sorry they are asking you to do this, it's not very nice of them while you are pregnant. Good luck xx

[sailorcherries]

If your contract is 30 hours p/w and you are doing 40 by choice then you are working in excess of 40 hours more per month (at least 10 a week). A cut of 16 hours per week should average out to around 4 hours per week, leaving your weekly hours above your contract. Which, for being over staffed, is still generous. They never needed to offer those additional hours (and subsequent pay), however they did without legalising anything.

You have no leg to stand on and you might find they cut you back to your contracted hours, resulting in a bigger loss.

[sailorcherries]

*a cut of 16 hours per month should average out to around 4 per week.

[dementedpixie]

Maternity pay isn't calculated on the contracted hours but is based on the last 8 weeks/2 months wages prior to the qualifying week which is 15 weeks before the expected delivery date so a change in hours could affect her maternity pay.

Which hours are your contracted ones? Will the cut in hours still mean you are still working 30 hours or more?

[Nicketynac]

I think your mat pay may already be calculated. I could be remembering wongly but I think weeks 16-20 are used for the calculation (people in my work arrange to do as much overtime as possible during this periods as it is all taken into account). Check with HR or your maternity leave policy.
If you have been working the same hours for months then they might have to give you notice before they can reduce them. In the NHS it was referred to as "custom and practice." Again, check with HR or phone ACAS.

[NarkyMcDinkyChops]

I wouldn't argue as they will cut you back to 30, which is all they have to give you.

[Nicketynac]

pixie sort of a cross post!

[Saltandsauce]

Ah apologies, I didn't realise that was how they calculated it now 🙈 Has that changed in the last few years then?
Hope you can get it sorted xx

[Mouikey]

You could argue that it is custom and practice that your hours have been 40 since the start of your contract even though it states 30. You could also argue that the cut in hours will cause detriment to you. Are you in a union? If not go to the cab to see if they can help. Can't confirm that this would be a successful argument, but probably the best you have.

[PrimalLass]

It used to be the two pay amounts around, or maybe prior to, the qualifying week (28 weeks).