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Company docking pay when they can't provide work but I do have contracted hours

4 replies

AhsokaTano · 18/03/2012 10:55

Hi, I've had a quick look at the direct gov website but can't seem to find the answer to my question.
Reposted as I forgot to put a title in!

My problem is this; I have a contract for 26 hrs, twice in the last couple of weeks I have been sent home a few hours before the end of my shift or told not to come in as there is no work for me. The company have subsequently told me I now 'owe' these hours and must work them at a time convenient to them.

I take issue a bit with this as it is very hard for me to organise spur of the moment childcare and work outwith my normal shift pattern. My line manager says I have no choice and must either work extra to make up the time or pay back the money by taking it as leave.

Bearing in mind I have a contract and was willing to work can they really do this?

I hope one of you ladies in the know can point me in the right direction of where to look for more info. Thanks

OP posts:
saggarmakersbottomknocker · 18/03/2012 11:01

Don't really know sorry, but have a look here Acas

flowery · 18/03/2012 13:42

So they are not in fact docking pay are they? They are varying your hours on short notice or asking you to take leave at short notice.

Your employer can insist you take leave when they want you to but not retrospectively.

What exactly does your contract say about what your contracted hours are, when they must be worked and anything at all about varying those hours on a temporary or permanent basis?

AhsokaTano · 18/03/2012 15:18

Flowery, they are kind of docking it retrospectively in that I have to take it unpaid if I have no leave left but I take your point re terminology.

Eg, I work 12 hrs on Mondays, 9 on Tuesdays and 5 on thurs totalling my contracted hrs of 26pw. I was told that last week I would have to do the 5 hrs on Friday eve instead of thurs am with about a weeks notice. I therefore organised childcare to meet this need before being left a message on thurs eve to say I would not in fact be needed on Friday evening. This leaves me having only worked 21 hrs last week.

What the manager seems to do is total up in a little book all the time
I 'owe' them and sporadically present it to me and say I need to make up these hours. This in itself isn't a problem but I don't have access to flexible childcare so it's very difficult to reconcile the business needs with when I am available to do more work.

My contract says I may be required to work on a shift system, that in addition to my basic hours I am expected to work any additional hours necessary and that am expected to work on call ( which I do). It doesn't have any clauses about if I work under my contracted hrs.

Tbh, it's not a problem at the moment as I only owe a few hours but the practice seems to be becoming frequent which would be a problem in the future.

OP posts:
Grevling · 18/03/2012 21:08

Put in a flex working request to have fixed hours.

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