To think i should be able to work my contracted hours only?

[milafawny]

I work nights in a care home, im contracted 48 hours one week, 36 hours the next. Set days, Mon,Tues, Sat, Sun one week, Wed,Thurs,Fri the next. Ive been at my current home a few months now, and in that time ive worked on average 60 hours a week. 5 12 shifts every week. Not only was this having an effect on my kids as i barely saw them, but also my relationship as my kids arent my partners. He agreed without question to have them my contracted hours, we are a family, however now he is having them 5 nights per week. Not only that, but, this past month, i was only paid my contracted hours, none of my extra shifts were covered at all, and this wont be rectified till next pay day. This equates to quite a lot of money for us.

Ive now contacted work and explained i can only do my contracted shifts as i no longer have childcare for extras, due to the fact my partner was having them and is refusing to have them more since i didnt get paid the extras. Work have messaged me and said basically i have to work the shifts im rota'd on for - and even some im not. They have said i need to work tonight when this week is my sat/sun rota.

Can they enforce these changes? Can they fire me if i cont work these extra shifts with less than 12 hours notice?

When it's a rota, that's more than just being flexible and I would expect it should be paid. It depends what your contract says about notice, but 12 hours notice sounds unreasonable. You can challenge them on it, but realistically if you're on probation they could get rid of you, and frankly you probably want a different job anyway. They still should pay you for the extra hours you've worked. Best to contact ACAS to discuss it; contact info is here:
www.gov.uk/pay-and-work-rights.

I'd suggest contacting ACAS too in the first instance.

You need 2 years' service to claim for unfair dismissal, so generally employers can fire anyone with less than 2 years' service as long. However, you can bring a discrimination claim without any particular length of service. To me, this sounds like it is indirectly discriminatory against women as women are more likely to have caring responsibilities and so cannot just change their hours at short notice. But I would suggest getting some proper legal advice as I haven't worked in employment for years and you will need someone to look at your contract. You can find a free law centre here www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you or there's the CAB.

I certainly wouldnt be doing any more until i got paid for the last lot

Have you opted out of the European working time directive? If not, then they are not allowed to ask you for work for greater than 48 hours per week.

Well you are entitled to refuse nut unless you've been there 2 years they are entitled to sack.you if they don't like it.