Forced out of hours that are technically mine

[TwllBach]

I wonder if there is anyone that can unravel my mystery for me...

I have a contract for Monday, Tuesday and Thursday for a total of 20 hours. Normally i do about 20 hours overtime as well, but that is not relevant at the moment (or at least I don't think so.)

My normal working hours go like this - Monday and Tuesday - 7.45 - 6 and then I work six other mornings while a colleague covers the other afternoons.

When the owner of the business goes on holiday, my colleague takes over. I end up doing six mornings and losing my afternoon hours on Monday and Tuesdays 'because she is already here' (she stays in the owners house.)

This means that in practice, I lose about ten hours through no fault of my own.

If I was to be forthright and a bit pushy about it, could I rightfully say that Monday and Tuesday afternoons that I have been forced to take off against my will should be used as my holiday? So I don't lose any money?

Even if that is legally right, I would be too scared to make the point, but it is just something I am wondering...

I have been thinking about this a bit more, and there must be something I can say about it? What if I was unavailable on the days that I wasn't contracted for - then I would have been short of my contracted hours. I am never asked if I want to do less hours, I am told that is that the case, even if I protest.

Sorry Op - could you be a bit more clear?

My normal working hours go like this - Monday and Tuesday - 7.45 - 6 and then I work six other mornings

That means you work 8 mornings a week?

I'm not a expert but I do know that an employer has right to require you to take your holidays when it suits them (common in seasonal businesses for example).

What times are you contracted to do and what is overtime?

Are you contracted for those days though? IME that would be unusual. My contract states 28 hours per week and there is an understanding as to what those hours will comprise of, but nothing in the contract.

As I understand it though, once the working pattern is established it's not that easy for the employer to insist on a change regardless of what the contract says.

sorry

Contracted hours - 20 hours over Monday, Tuesday and Thursday.

Over time that I normally do - Friday, Saturday and Sunday morning.

My contract definitely says 20 hours over Monday Tuesday and Thursday, which is where my query starts.

Whenever my boss goes on holiday, he asks my colleague to stay and look after his dogs in his house. Whenever this happens, my colleague changes the rota without asking me so that I work Monday to Saturday mornings, and she does my two afternoon shifts, effectively taking ten hours that I should be working, IYSWIM?

It really upsets me for a number of reasons. Partly because I feel as though she is commenting on my ability to do my job, but also because if my boss is away for longer than a week, it messes with my budgeting, and I do not have the sort of salary that can regularly lose ten hours a week.

If I was unavailable to work any other days apart from Monday, Tuesday and Thursday, as stated in my contract, and I had only worked 12.75 of the 20 in my contract, would I be entitled to claim the rest of the hours?

I don't even know if I am explaining it right, it really bothers me. It happens regularly and I find it very upsetting.

I realise I sound a little unhinged about it, but it is qquite a difficult place to work in and my colleague, I feel, is a bit of a bully towards me. It is a well known fact that she dislikes me and has often tried to cut my hours and I am beginning to find it hard to deal with.

are you still getting your 20 hours a week

So she is essentially swapping shifts with you?
It would make sense, if she was there, to jiggle shifts about a bit but not so that you lose out HOWEVER you are only contracted to work 20 hours a week. As I understand it, when you work those hours can be changed by your employer but they would need to give you notice.

If you made a fuss, all that would happen is that you'd be made aware of the shift changes in advance - although it seems you already know the situation. There's not a great deal you can do because your 20 hours are being fulfilled, you are just losing 10 hours overtime.

I do sympathise with you but if you worked those afternoons when your colleague was around, surely they would be paying twice for the same job to be done?

So, you're still getting your 20 hours, albeit on different days, but you are losing regular overtime?

I agree with Rhubarb, provided you get notice, then your employer is within his rights. Does he know about the changes, or is this done behind his back after he's gone?

In your first post you mentioned holidays. Do you mean you would like to take these afternoons as holiday, to avoid losing pay for these hours? If you do, there's nothing preventing you asking, although I don't think they are obliged to agree.

She isn't swapping shifts with me, no. She does her normal shifts, plus the two afternoons that I would work, so she gains an extra ten hours. You are right, though, I do see that as I am still doing the actual number of hours I am contracted, it is fine.

My employer takes no notice of the rota, so he doesn't know! It also costs him more money when it works like this, because my colleague is paid upwards of £3.00 more an hour than me, plus he gives her £50 a night.

I think I am just upset for losing the money and being pretty certain she does it to spite me

Then why not have a word with him?
Just mention that you normally work these shifts and are still happy to do so for the salary you get so that your colleague doesn't feel she has to 'fill in'.

Make it out that you are doing her a favour as she already has so much to do when staying over that weekend, whilst also mentioning that it would be doing him a favour as you are cheaper and you really don't mind as the extra cash comes in handy for you.

How can he refuse when you've made it out as though everyone wins?

You're a genius Rhubarb

I might do that actually, because he is always banging on about how much money he needs to cut back on. As long as I go direct to him and not through her...

Oh yes, always through him.
I mean, I'm sure the extra work must be getting to her right? And you know she won't complain or make a fuss, but as a friend you feel you should really shoulder that burden with her and do those afternoons so that she can have a break.
Of course helping him save money is just a happy coincidence!

Hope it works out!