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Shortfall of hours

8 replies

NoisyLittleLion · 06/03/2015 18:11

I have a contract for 37 hours per week. A new shift system has been implemented within my workplace. As a direct result of this over the last payroll month I had a shortfall of 10 hours, this month another shortfall of 15 hours. My manager has reassured me that this isn't a problem and I can just owe back the 25 hours.

Can my employer enforce this owing back of hours or even reduce my salary, despite the fact that I'm willing and able to work my contracted hours but
I haven't been allocated enough shifts to meet those hours

OP posts:
pressone · 07/03/2015 14:28

It sounds like your shift pattern/roster has not been thought through very well.

However it it your personal responsibility to make sure that you meet the terms of your contract and if there is a shortfall in your rostered hours then you should add yourself to another shift/speak to the rostering manager or avail yourself of whatever system there is in place to do the hours you are under rostered.

Work is a contract between you and your employer, whilst it is a joint responsibility to make sure everything is right with your hours/contract etc, they employ tens/hundreds/thousands of people, it is for each and every individual to check that they are meeting the terms of their own contract

Yes the employer can enforce the owing back of hours as they are simply asking you to do the hours you are paid for.

Alternatively, if after 3 or 6 months there has been no significant loss to the business/ work output you run the risk that they might decide that they don't need to be employing someone to work 148 hours a month (37 x 4) when they are only working 135 with no loss to productivity and look to reduce your hours & pay.

flowery · 07/03/2015 17:38

"However it it your personal responsibility to make sure that you meet the terms of your contract"

The OP says nothing to indicate she's not meeting the terms of her contract.

OP what does your contract actually say about your hours and when they worked/how they are arranged etc?

pressone · 07/03/2015 17:58

No disrespect flowery (and OP, flowery is the expert on these things so you should take more notice of her than me) but OP said the fact that I'm willing and able to work my contracted hours but
I haven't been allocated enough shifts to meet those hours
so I took this to mean she wasn't working her contracted hours.

flowery · 07/03/2015 18:30

Yes I agree, it sounds like she isn't working her contracted hours. But that's not the same as not meeting the terms of her contract. For someone to work 37 hours you need the employee to be willing and available to work, and the employer giving the work to make work available. Sounds to me like she's meeting her side of the deal, and unless the contract specifically says something like she is supposed to schedule in enough hours for herself, or is expected to work fewer hours some weeks at their behest and make it up later, she shouldn't be penalised for her employer's failure to meet their side of the contract.

NoisyLittleLion · 07/03/2015 19:09

My contract of employment States
Your normal hours of work each week are set out below and are exclusive of an unpaid lunch break each day. The full time hours for this post are 40 hours per week. Should your post attract an unsociable hours payment this shall be detailed in section 7, otherwise from time to time you may be required to work additional hours in accordance with the organisations needs for which there will be no additional remuneration. Where possible time off in lieu of such hours will be granted.

You will work 37 hours per week
You will work these hours in arrangement with your line manager.

OP posts:
flowery · 08/03/2015 07:46

And when the new shift system was implemented, did any of that correspondence say anything to amend your contract; anything about hours being an average of 37 a week rather than specifically 37, or anything about owing hours back, what happens if not enough work is offered?

NoisyLittleLion · 08/03/2015 09:28

New shift system was implemented at the beginning of Febuary. There was no correspondence about any of the points you have raised. My contract of employment makes no reference to either.

OP posts:
flowery · 08/03/2015 11:28

Well in that case as long as you are willing, able and available to work 37 hours a week I see no justification for your employer to either force you to work longer hours another week or to deduct from your pay.

Are you the only one in this situation?

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