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Contracted 16 hours per week.... now being given 11 hours per week!!

(9 Posts)
coco2303 Wed 09-Jan-19 14:06:12

Hi I have a contract for 16 hours per week I work as a bar maid. My contract states that I may be required to work Christmas and New year which I did. This is extra hours over my 16 hours which is fine....
Until now I have only been given 11 hours for this week and next week. And I expect the same for the rest of the quiet period.
The reason my manager gave me for this week was because I worked extra last week ( as did all staff members) so it evens out.
But obviously this excuse is not valid for next week.
I have researched and from what I can see your employer is legally obliged to appoint you contracted hours as a minimum every week. Regardless of any EXTRA hours worked in previous weeks.
So do any of you lovely lot know if I am correct in thinking that this is a breach of contract?
Also feel as if I am being targeted as no other staff members hours are being cut in this quiet period.
I am a single parent and management and employers are aware of this. Therefore I need 16 hours as a minimum to be entitled to tax credits ect.

OP’s posts: |
maxelly Wed 09-Jan-19 17:16:19

What exactly does your contract say, does it give your employer the right to vary the hours at will, and also to stipulate/rota you on for holiday days during quiet periods? It's fairly common for employers to work rotas so that people's contracted hours work out over an average of a month or a 6 week period which can be pretty disruptive if you end up working 35 hours + one week and then very little the next, and sometimes little/no control over when holidays are taken as well, but at least you get paid consistently. But sounds from what you say as though you are paid directly for the hours worked and not on a salaried basis, is that right? Are you paid weekly or monthly and what is going to happen about the hours not worked this week, will that be deducted from your wage?

Depending on what is in your contract it could be a breach of contract although your redress could be fairly minimal as, particularly as its a new role for you, they could simply cut your hours down to 11 p/week or even dismiss you altogether by giving you contractual notice (usually a week). I'd be more concerned about why you are the only one being 'targeted' for reduced hours, is it a case of you are the newest staff member so get lowest priority for hours/shifts (which sucks but isn't illegal) or is it because you are a part-timer which is illegal discrimination.

I'd start with a friendly but firm chat with your manager about your pay/hours and explain the impact on you with tax credits etc of income going down and that you really can't continue if you are not guaranteed at least your 16 hours per week and see how if goes...

coco2303 Wed 09-Jan-19 22:29:49

Hello and thank you for your reply smile
My contract date of commencement is 01/05/18
Your working hours will be 16 hours per week. The company will require you to vary the pattern of your working hours and will require you to work late evenings and weekends.
The company may require you to work Christmas and New year, this will be shared between all staff members equally and fairly.
You will be paid weekly on friday in arrears to a bank of your choice.
You are obliged to give the company two week notice to terminate your contract of employment. The company is obliged to give you the statutory minimum amount of notice before terminating your contract.
This post is subject to completion of a 3 month probationary period. At the end of this period if your performance is of a satisfactory standard your appointment will be made permanent.

So for me it states 16 hours per week. And although I am expected to vary my work pattern. I should work At least 16 hours per week??
We do get paid weekly for the hours worked the previous week. And yes I only get paid for hours worked.

In October a new staff member started. And my manager was taking a shift from me to give hours to the new girl. I spoke to my manager about this and explained that if I cannot work the minimum hours in my contract I physically cannot pay all my bills. There was a verbal agreement that my shifts will remain as they are.

Over the Christmas and New year period ALL staff are required to work.
Last week I worked 25 hours 50 minutes so 9 hours 50 minutes over contracted hours. However I was rotad in on Tuesday.... but sent home after an hour as it was quiet. Which is a pain as I don't drive so cost me what I earnt to get home and obviously childcare isn't easy to find.
On Saturday a new staff member started and my manager asked if I minded going home as it was quiet and she wanted to keep new staff member in for training.
I said I would mind going home again as the cost of getting to and from work would be what I had earnt being there. And that isn't including the childcare.
Saturday is one of my rota'd shifts and has been since I started employment.
But now seems I am being punished for not leaving on Saturday although 2 other staff members were working who had also worked extra hours that week... they were also asked if they minded going home and they also did not want to leave.
This is such a long post and I sincerely apologise. But would greatly appreciate your advise xx

OP’s posts: |
LemonBreeland Thu 10-Jan-19 08:59:36

If your contract states 16 hours per week they have to pay you 16 hours regardless of whether you are rota'd or work that amount. Counting extra from previous weeks doesn't count either. DH works in the pub industry and sometimes people are only given 10 hrs but would be paid for 16.

coco2303 Thu 10-Jan-19 09:55:32

That was al my thinking and although I do get working tax my wages are used to cover my rent. Child tax is to feed my kids, working tax gas, elec and the like.
So next week now I will get paid £86.02 instead of £125.28.... my rent is £85 😑

OP’s posts: |
flowery Thu 10-Jan-19 10:58:43

Yes if the contract states they may require you to vary the pattern of your hours, that means they can get you to work the 16 hours on different shifts, but it doesn't say anywhere that they can vary the number of hours you work (downwards).

prh47bridge Thu 10-Jan-19 13:32:02

Agree with flowery. That means they have to pay you for 16 hours even if you only work 11.

coco2303 Thu 10-Jan-19 14:43:26

Thank you for your replies xx at least now I am more informed about my rights xx

OP’s posts: |
Thewarrenerswife Fri 11-Jan-19 12:33:15

I'm sorry your employer is treating you this way. I do see it from both sides, eg. it's hard to pay staff when there are no customers. But you need those contracted hours, and that's what contracts are for.

You may get some good advice on how to move forward from Acas. Their helpline number is 0300 123 1100 and it is available Monday to Friday 8am-6pm. Or you can ask questions online.

Good luck.

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