Sorry - a new q re part time hrs after maternity

[BrianAndHisBalls]

Hi

I'm wondering whether part time workers before ml are entitled to go back on the same hours (not the actual days just the amount) that they were on before ml?

My request for part time hours of 22.5 a week has been turned down. So my boss said as I was doing the job before on 31 hours I can come back on 31 hours (but didnt seem that happy about it, hence my earlier thread).

Anyway, I've just realised that my contract is actually for 27.5 hours a week not 31. My old boss and I upped it to 31 as I was working on a large project. It was a temporary increase and every 3 months hr asked me (and my boss) if I wanted to carry on with the 31 hours. We just renewed it each 3 months then I went on maternity.

So, my question is do I have the right to go back on 27.5 hours a week rather than 31?

I know the difference is only 3.5 hours a week but it would make a big difference to me nursery wise.

Thanks for any help you can offer.

Depends. Your contract will say 27.5. How were the increases handled.

Did they have a definitive end date? How long did you do this for?

They could argue that even though your contract says one thing then customs and practice means another.

E.g. if your contracted mon - fri but regularly worked weekends then you'd be hard pressed to argue that working weekends is not part of a "contract".

Each increase was for 3 months, hr sent an email through to my manager and me asking if we both agreed to increase for the 3 months. This went on for nearly a year then I went on ml.

How long does customs and practice take to come into effect do you know?

Thanks for the answer by the way

Watch out, he might accuse you of stealing the extra hours if you insist on sticking to the contract.

dancing - how do you mean?

Sorry, probably not applicable to your situation, but if you were paid more than the hours in your contract he could say you have been overpaid and tell you to pay the excess back.

Sounds mad, but this has happened.

ahh i see. ML pay is usually worked out at an average of whatever you were paid in the 8 weeks before the 10th (?) week before your edd i think, so no worries there, because thats what I was actually working.

Am currently waiting for work to ring me back re the 27.5 vs 31 hours, I keep staring at the phone