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NHS- problem returning to permanent contracted hours after temporary reduction

(6 Posts)
BringOnTheSunshine Mon 03-Oct-11 15:27:29

I have worked for my employer since 2001 with a permanent, full time contract. After the birth of my first child in 2005, I permanently reduced my hours to 23 per week.

In Nov 09 I asked for a temporary reduction to 11.5 hours working weekends only. I was allowed to do this with contract review every 3 months initially, then 6 monthly this year.

My contract for temporary reduction was due signed at the start of August this year but I didn't sign as I needed to return to 23 hours. My manager refused to allow me to work only weekends so a few weeks later I agreed to work any day/shift in order to get my hours back.

The manager then stated that I am only contracted for 11.5 hrs on a temporary contract i.e I don't have a permanent contract and have "given up" my 23 hours.

This is a lie, I know this! She is claiming that if I agree to..... work in a location of her choosing, with no sickness, and agree to work extra hours in the meantime.... she will attempt to get me a contract for 23 hours.

HR say I can do nothing until Jan when the temporary contract is due to end regardless of the fact I haven't signed it and am currently working full time hours

Grevling Mon 03-Oct-11 22:38:14

What does your contract say re reviews. I.e. if you don't sign then you revert to original hours? A review doesn't usually automatically mean you go back to 23 hours, usually there is a review and if you can change you do not you must.

Technically by continuing to work it could be deemed that you've accepted the new contract even though you didn't sign it.

I'm a bit confused though. How many hours do you work now? 11 or 23?

BringOnTheSunshine Tue 04-Oct-11 22:00:44

Thanks for your reply.

My contract only has a review date, no other details.

I am currently working 37 hrs + per week and have been for the last few weeks. I have full time hours up to Jan, which is as far in advance as the shifts go.

I am working my 11.5 contracted hours and have been put in the rota for 2 additional shifts (12.5 hr) per week, paid as extra hours, and am being asked to cover for sickness as required.

flowery Wed 05-Oct-11 09:39:32

If it just says it will be 'reviewed' it doesn't sound like they are obliged to change it back just because you decide almost two years after the initial change that you want to do that. But other than what's written on the piece of paper, are you working the hours you want now?

BringOnTheSunshine Thu 06-Oct-11 10:12:20

Hi, I am getting plenty of hours. I am working between 37 1/2 & 50 per week.

It is frustrating because staff have left or reduced hours so there should be available contracted hours for me to revert to the 23 hour permanent contract. As it stands just now I am working full time hours because we are so short staffed but can't accrue anual leave etc on those hours.

I am fully aware that dropping my hours was my choice, I also appreciate the fact that my working hours have been increased as I requested.

I accepted the decision not to increase my contracted hours based on working full weekends, but was told that was because I was inflexible. I was told I could go up if I was able to work flexible days/nights, which I have done.

I have accepted that nothing will change until Jan 12 but am hoping to go up then.

I am just unsure how to get back to the 23 hour contract, can I be refused even though I am working full time?

BringOnTheSunshine Thu 06-Oct-11 10:15:38

I am also irritated that my manager told me my permanent contract no longer existed and I could lose my job after Jan 12 unless she still needs me for shifts. Also pressuring me to accept a move to the clinic (which doesn't really bother me, just annoyed at the way she has gone about it), saying I can only go up if I agree to go there

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