Am I being unreasonable or is my employer?

[parenthoodseason]

I work as a bank shift youth worker for a local council in Scotland.

I volunteered for 6 months then had a job interview for a bank youth worker and was successful. Have been with them for 2 years now.

I have fallen into a routine where I work a Monday evening and Wednesday evening at specific youth groups. I have no contract and I submit a time sheet, so if the group gets cancelled on a night I don't get paid, when it is off during the summer/Easter etc I don't get paid. My colleagues with a contract do get paid during this time.

I was always happy with this arrangement as I am a single mum, completing my masters and in a full time placement so I liked the flexibility of it. Being able to say, 'I can't make do the group in two weeks time' etc without it going down as an absence or being seen as unreliable. This doesn't happen often at all.

Tonight I text my boss (as we always communicate) to say that I wouldn't be able to attend the group in two weeks time.

She then phoned me and said that although I don't have a contract, 'a Monday and Wednesday evening is your job, I wouldn't give it to anyone else'. When I said I was under the impression I was a bank worker she said, 'yes but contracts are difficult to come by these days and I have to treat all staff fairly. So although to me I don't mind a bit of flexibility, to others this might look as if it's an absence. Usually I would ask staff to make up their hours but I don't do that with you'.

I was kind of blindsided and also confused by the whole conversation. She said she would see what she could do about cover the night I said I couldn't go in but she couldn't guarantee anything.

After reflecting on it, I'm now left scratching my head. I specifically went for bank position due to flexibility, and surely, they can't treat me as a contracted member of staff if I'm...not contracted?

AIBU or just thick? Have I missed something?

I am drafting up an email tomorrow to go over this but just wanted to check I wasn't being unreasonable first.

YANBU. Is she going to start paying you when the group is off over summer in that case, if it's "your job"? Doubt it! If they want the benefit of a contracted worker, they need to employ one.

If they want the benefit of a contracted worker, they need to employ one.

As is often the case the first reply is spot on. YANBU OP.

Was it on for the last 2 bank holiday Mondays? If not then I’d be requesting paying in that case….

No it wasn't on and no I will not be paid for this!

I think Pp has it spot on.

Id ask for clarification.

Am I a contracted employee, if so please let hr know so that they can pay me for the two bank holidays. Or am I bank? In which case it’s fine for me to cancel on x date surely?

She can't have it both ways, cheeky mare.

What so she's expecting you can never ever miss one day?

You are absolutely right, but the danger is that she starts giving your mon/wed shifts to another bank worker. If you can afford for this to happen then definitely query it.

She is so entitled!

Naaaahhh, she's a chancer! YANBU.

I would be aware of this. Whilst you are absolutely right, they have the power to refuse the shifts you do want

Ha good luck to them. They don't have any staff to cover. That's their problem.

Flexible invariably means it's flexible for them and you've to be available whenever they want you. Otherwise they'll use someone else.

It's not usually an advantage for the employee in reality.

I’d contact HR directly. They were always helpful when I was on supply.

Oh

YADNBU, OP.

These companies have a right cheek. I've worked in care previously- 0 hrs- & although I had to commit several weeks' ahead to a rota & it was frowned upon if I called in sick, THEY (company/clients) could cancel me up to 20 mins before.

In recent years, I've tutored for an agency, and guess what? Same thing. I must sign my life away & am threatened with legal action if I leave a difficult student, BUT...again, the student or agency can end my sessions any point.

And yup, I was cancelled on the Coronation for my p/t office job and not paid for this.

We need to rise up against this- these zero hours contracts are so one-sided (by dint of what they represent I guess) but are also sneaky & work against a loyal employee.

Yes I know that's what they say, but it's not what they mean.

That's ridiculous, I'm bank NHS. A zero hours contract works both ways, you are under no obligation to accept shifts and they are under no obligation to give you work.

Its a zero hour contract. She has no rights no. She cannot have it both ways

How long have you been working there? Are you entitled to holiday pay? Bank holiday pay - I'd contact ACAS and ask.

Certainly work out if you are entitled due to her treating you as contract staff.

I used to do bank youth work for a LA and would accrue a/l hours for what I had worked. I would query it with HR. They were happy for me to bank the a/l hours and then put them on a timesheet for payment instead of taking it as a/l.

If you've worked there for 2 years
you should still have a statement of particulars (contract) Whether you are a bank worker or an employee who works regumar part time hours.
Your colleague, who gets paid over tg
He summer holidays ... likely doesn't, but their salary (including holiday pay) gets split over 12 months.
Sounds like she's almost threatening you. Join a union, if she starts not offering your usual shifts start with a written grievance.