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Urgent Work issues help

(11 Posts)
Seagullslanding Wed 14-Dec-16 20:05:38

I am 5 weeks into a new job, part time. When I applied I had to complete an availability matrix, I clearly stated that due to childcare I couldn't work Friday's after 10:30 am or between 16:00 and 19:00 on a tues Wednesday or thurs. I clearly spelt this out at interview. I was told that I would have my Rota 2 weeks in advance. My contract is 20 hours a week.

Since starting I have practically had to beg to be given my following weeks Rota. On every occasion I havebeen given shifts that conflict with my childcare, they Are shifts that are not compatible with my pre-agreed availability.

For the last 2 weeks I have been begging them to tell me my shifts for Christmas week. I was given thdm today, every single shift conflicts with my availability. A fellow member of staff has been given the shifts that I could do, he is A full time employee.

Out of desperation I went to hr for help, they Are now investigating.

I asked the supervisor if the full time employee got the choice of shifts due to the fact that he is full time. I was told Yes.

Surely this is a breach of part time worker regulations?

My last shift before Christmas is tomorrow, my next shift is when I can't work. Where do i stand? Can I just refuse to work the shifts as they fall outside my agreed availability? I really dont want to ring in sick, I am looking and applying for another job.

Any advice please

Shenanagins Wed 14-Dec-16 20:09:04

You need to check what your contract says as if it isn't in writing you might not have any say over your rota.

Seagullslanding Wed 14-Dec-16 20:13:08

In addition, I am currently struggling with severe heartburn/gastro issues and on prescription meds. GP believes this is stress related, I have highlighted this to supervisor and hr.

I am not the only person struggling with the lack of notice with the shifts. At our second location, over 40% of staff in same role have left due to it

Hellmouth Wed 14-Dec-16 20:16:20

What Shenanagins said. It is possible that the availability matrix was just for preferences, and that your actual contract covers all hours. You will need to check your contract.

Seagullslanding Wed 14-Dec-16 20:17:49

Shenanigans - even if it was agreed at interview that due to childcare i couldnt work between 16:00 and 19:00. Can they now just choose to disregard that

Shenanagins Wed 14-Dec-16 20:21:23

Afraid so. Now you might be lucky and they might honour it but get it confirmed in writing.

Seagullslanding Wed 14-Dec-16 20:33:54

Thankyou for your quick responses. I'm quite sure that its down to the overall manager being a micro manager/control freak. If the rota'ing was left to the actual supervisors who are on the ground it wouldn't happen. I am sure the organisation (large academic place, currently in top 100 employers for area) would also honour it, its my actual manager that is being difficult.

The actual shifts don't make any sense. We are a relatively new role and nobody really seems to know how we fit in. Our shifts don't seem to be based on any business need. Will see if they have ammended them when I hobin tomorrow. Just hope I can get a new job soon.

Thanks again

burnishedgold Wed 14-Dec-16 20:55:02

I'm sorry but the above posts are misleading. This could well be discriminatory both on your part time basis and indirectly due to your sex, regardless of what any contract says.

Employers cannot treat an employee less favourably because they are part time. Equally it can be indirect sex discrimination to impose a pattern of work on an employee which they find much harder/impossible to work due to childcare. It doesn't matter if the reason for applying the working pattern is wholly unrelated to sex.

The only way an employer can proceed is to show that the shift pattern is objectively justified, for example because the hours it wants you to work are core hours etc. It doesn't mean that it can justify your work pattern by saying other people are working the shifts you want or even that they have requested those shifts. It would need to demonstrate either that the hours you are available cannot be accommodated for very clever business reasons, such as the business not being open or there being very clear evidence that they could not get other employees to work the hours you don't want to do (for example because they have childcare or other commitments or be ha e they are super unsocial hours) this goes beyond any difficulties they may have because it makes the scheduling more complex or because it's perceived you may be getting the first pick or prime shifts as a newbie (if indeed that is the case). Be clear with HR and make sure they follow his through, you should not be treated like this.

DiegeticMuch Wed 14-Dec-16 22:24:12

Tell HR what you were told about part-timers and make it clear that you're prepared to take it further. That may do the trIck.

Shenanagins Wed 14-Dec-16 23:07:37

Ok I missed the part time element but let hr investigate first. There may be a simple explanation- usually a communication breakdown. Another reason to wait is if you are still on probation. Whilst a sex discrimination case has no time limits in terms of length of service it is really not a path I would advise anyone to take unless they had a lot to loose and that really pains me to say.

Seagullslanding Sun 18-Dec-16 18:03:42

Update

HR have investigated and retrieved the availability matrix that i completed prior to interview, this clearly shows that my availability is around childcare.

Manager is now claiming that there was an 'oversight' during the interview process and that I am not really suitable for the role due to business needs. They want me to go in to work in new year to discuss pssibility of moving into a different role. I must admit i am not over excited about the new position, its not really me.

However, I am considering saying that I will try it, BUT, if it doesnt work for me i want to be able to only give them 1 weeks notice. I feel that when I signed the contract of employment it was based on the original role and not this newer duller position. Therefore there has been a breach of contract on their side.

I have applied for several other roles elsewhere.

Thanks again for the advice

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