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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To walk out of my job because of this

33 replies

BlairWaldorfHeadBand · 24/10/2014 09:29

I am a carer with an agency, I started the job about 9 months ago and have had nothing but problems with the agency regarding pay, hours, travel time, difficult clients etc. The agency mainly have zero hour contracts but I refused to sign one and agreed to a 16 hour guaranteed hours contract. Some months I have been paid correctly, some not ( I have all my pay slips) I have challenged this every month and have been fobbed off and stupidly I let it slide.
I finally snapped after being paid barely £300 a month when my contract is atleast £700. I went in to see my supervisor who informed me that my contract was void and I now have a zero hour contract....what the--!!!
I have made appointments to see my other supervisor and she has been nice but can't really help me, she has contacted the fiancé team and the main boss, this was last week and still no response, I went in yesterday and complained again and still no one got back to me or even explained it.
I have no signed any other contract so as far as I am aware, I do not have a contract with the agency. I was not aware my contract had been changed, I did not consent to it. AIBU to walk in today , dump my uniform on their desks and quit on the spot?

OP posts:
Boomtownsurprise · 24/10/2014 09:31

If you can find work easily in what you do then no. Otherwise set yourself up first then do that. But beware as it will scupper a reference that says anything but dates worked.

Middleagedmotheroftwo · 24/10/2014 09:31

I think I'd take advice before I did that. Try the CRB for starters. Do you have a copy of your 16 hour contract, your pay slips, and a note of all the hours you've worked?

MrsRabbitsTwin · 24/10/2014 09:32

I would speak to CAB or a local free legal advice service first. It sounds like they owe you money, and you need to find out how best to get it from them.

amy83firsttimer · 24/10/2014 09:32

So you signed a 16 hour contact only? If so, I'd make every effort to work 16 hours each week rather than walk out. Wait for someone more knowledgeable to come along with advice but 2 wrongs don't make a right.
I presume you're not in a union but of course if you are then call them.

Howlycopter · 24/10/2014 09:32

No, don't do that. Ring ACAS first, they're brilliant and will let you know your rights.

Your supervisor is talking rubbish though, they can't just end your contract like that.

Howlycopter · 24/10/2014 09:34

Oh, and ACAS is a free helpline and answered nearly straight away when I rang them.

BlairWaldorfHeadBand · 24/10/2014 09:36

Hi sorry I should explain,
I can't possibly work 16 hours if they don't give me 16 hours, the agency email me my hours and I go where I am told, I have no control over it.

I have another job as a supply TA which pays much more plus DH has a very good job, money is not the issue, my dignity and not being a doormat is the issue. I won't be treated like crap and pushed around at work.
After a look at the gov website it appears that what they have done is illegal.
Oh and they do to give any references expect the hours worked one anyway and they don't actually watch me perform care, it's very common

OP posts:
Mascaramascara1 · 24/10/2014 09:38

I finally snapped after being paid barely £300 a month when my contract is at least £700. I went in to see my supervisor who informed me that my contract was void and I now have a zero hour contract

Maybe i'm being dim...but regarding how much actual money you get paid, surely the issue of your contract is irrelevant. If you were on a 16 hour contract and worked 16 hours a week, which equates to £700...they can't just refuse to pay you.

However, if you're on a 16 hour contract and they didn't give you 16 hours work a week, meaning the hours you've worked equates to £300...surely you should have questioned that at the time, if they weren't giving you 16 hours of work a week.

MrsCurrent · 24/10/2014 09:38

If you have a signed contract for 16 hours, have been working 16 hours and have not been paid for it then they owe you money, simple as. Acas will guide you through how to claim this money back.

Mascaramascara1 · 24/10/2014 09:39

I can't possibly work 16 hours if they don't give me 16 hours

So considering you are on a 16 hour contract...on a week where they've given you 10 hours work (for instance) have you made them immediately aware of it? Or just thought 'Woo, 6 hours free money'?

amy83firsttimer · 24/10/2014 09:44

You could sit in the office in uniform for the unallocated hours?!?!?!

BlairWaldorfHeadBand · 24/10/2014 10:04

I have not been paid for 16 hours if I have only worked 10, I would be paid for 10 hours, there was no free money.
I have questioned it at the time as I said in my OP I have been in the office a lot and always fobbed off and stupidly just slunk off and got on with it which I shouldn't have done.

Just spoke to ACAS who made it clear that if I continue working with the agency then I technically agree to the contract, going to go in now and tell them I won't work for them

OP posts:
BlairWaldorfHeadBand · 24/10/2014 10:07

If so, I'd make every effort to work 16 hours each week rather than walk out

That is not within my power, I simply go where I am told by the agency, I can't just turn up to clients houses and expect pay when I'm not scheduled in. I should be given 16 hours a week, I am currently doing 7 over two days, that's nothing! The problem is they keep hiring new staff but no new clients so there isn't enough hours, the favourites get the work the rest of us don't, despite my contract

OP posts:
TiggerLillies · 24/10/2014 10:09

If money is not a problem and you are doing this for your own personal fulfulment I think you would be within your rights to leave, but maybe think about protecting yourself. Walking out would rule out decent refs, if you could see out your contract (which ever one?!) you could get a ref at least. If you fancy a mission and want to help people in a similar position to you at this agency but who cannot afford to leave - contact a solicitor!
But YANU to not want to be treated within the terms of the contract you signed, and with diginity and respect!

GilbertBlytheWouldGetBit · 24/10/2014 10:11

Does the name of the agency begin with A? You could be describing my exact experience with them.
Wish I could offer some advice apart from getting another part time job.

BlairWaldorfHeadBand · 24/10/2014 10:13

No it begins with B but I know the agency you mean. My friend had problems with them, switched to this one and wished she hadn't, they are a shambles!

OP posts:
wanttosqueezeyou · 24/10/2014 10:20

That's disgusting. Get advice on how to pursue them for the money they owe you.

I'm glad you're in a position to not be short of anything this month but it must be awful for someone who's counting on every penny.

MaidOfStars · 24/10/2014 10:21

If your contract states you will work 16 hours for X pay, and they don't give you the contracted hours, that's they're fault, surely? They've agreed 16 hours but effectively work you on a zero hour contract. Talk to ACAS, this is not right. You should be paid the shortfall. And then the separate issue of changing your contract without your acknowledgement/agreement also sounds highly suspect.

MaidOfStars · 24/10/2014 10:21

They're/their fail.

GilbertBlytheWouldGetBit · 24/10/2014 10:25

The 16 hours should guarantee you 16 hours pay regardless of work done, MaidOfStars is correct. That's why it was introduced. Your agency (yes, I know the one you mean now) can't simply change your contract, I assume you have a copy of the one you originally signed?

Sorry it's so shambolic.

BlairWaldorfHeadBand · 24/10/2014 10:30

I have the contract I originally signed. Yes it says I will be paid my set rate even if the company cannot provide the work (haha ! As if !) as you can imagine, they have never done that.
I have spoken to ACAS and their advice was to not accept any hours as that could be seen as my agreeing to the new contract.
I have no seen or signed anything other than my original contract.
I am very lucky to have other work but yes there are some women who are in tears at work over their pay and lack of hours, also if people are not aware, care workers are only paid for the time they spend in the call, so if I'm paid £9 p/h and I have 4 15 min calls a night (very common) I am only paid £9 the whole night.

OP posts:
GilbertBlytheWouldGetBit · 24/10/2014 10:36

You need to talk to Payroll and HR, not your branch. At least get the money you're owed before you quit. This kind of mismanagement is the reason the staff turnover is ridiculous in care work.

wowfudge · 24/10/2014 11:23

They are in breach of contract and payroll/HR needs to sort out the shortfall in your wages. As pp have advised, speak to ACAS.

JockTamsonsBairns · 24/10/2014 12:39

Funny, I knew this was going to be about care agency work before I opened the thread. A previous poster is absolutely correct, it's the abysmal employment practices across the board in care work which causes such a high level of staff turnover. Awful for the elderly clients, but I completely get why care workers get sick of it. As for walking out, no need - now that you're apparently on a zero-hours contract, I would just declare yourself 'unavailable' to work each week. Unless, of course, you'd rather leave altogether?

As for your £9 a night for four 15 minute calls, don't forget to deduct what it actually costs you to go to work. Care workers pay often comes in at under £2 an hour - I know of no other field of work where society would find this quite acceptable. It's awful.

BlairWaldorfHeadBand · 24/10/2014 13:04

So I went to the office. No one would talk to me, the relevant people weren't there, I left trying not to cry with frustration.
I sought more advise from the amazing people at ACAS and on the back of that I wrote a very strong email to my supervisor and told them I would give 4 weeks notice but I was not available to work within those 4 weeks. Apparently this went down a treat and the big boss phoned me.
The boss was very nice and admitted it was a bad mistake and I should never have been treated that way and offered me my old contract back however I refused. I won't be treated that way, no one should accept that.

The boss agrees that I do not have any sort of contract as my last one was void and I never signed a new one, I am very angry about that!
I have agreed to work tonight out of curtesy but that's it.
I'm free I'm free!!!! Ladies please don't ever work for a care agency or let your sons or daughters do so, it's a freaking nightmare from start to finish!

OP posts: