Rules around contracted hours

[lowcarblifer]

I’ve been working zero hours in a clothing store until quite recently, but was offered a 12 hour contract starting 1/4/19. Now this coming week i’ve been rota-ed to work a total of 21 hours (without being asked if I want to work extra hours). Next week I only have 8 hours. When I asked the assistant manager, who does the rota, she said the extra hours this week were ‘in lieu’ of next week. I don’t mind doing a few extra hours, but I would like to be asked! Also, are they allowed to give me fewer hours in any given week than my contract states? Even if they’ve given me extra in another week?

Just to be clear, have they given you a new document in the form of a contract stating you are on 12 hrs/w? If I were you, I'd want to see that 12 hour contract in written form because when it comes to them changing it arbitrarily like this, at least you have an actual, not 'implied' contract. It makes it easier to call them in their bad behaviour in other words.

Anything contractual moves into the realms of being legally binding, unlike zero hours, so in short they are wrong to change your hours at a whim without any negotiation or dialogue with you. And they are also wrong to reduce your hours under the threshold of 12 hours, if your contract states you're on 12 hours a week.

They're acting as if you are still zero hours, telling you week by week how many hours they want you to work. A contract is a two-way agreement.

Technically zero hours is a 'contract', by the way, it's an agreement by both sides that there are no guaranteed hours, but the power is pretty skewed to the benefit of the employer, as they can just pull the employee as a resource. If the employee were to ring up and say "sorry not coming in for a couple of weeks" (which is always the argument given for "ultimate flexibility"), in reality the employer could just replace them and say fine don't bother coming back at all.

Thanks for that info daisychain, yes I have been given a new contract and I’ve signed it! Though she didn’t actually give me a copy, which I think I’m going to ask for. What you’ve said is exactly what occurred to me - they’re treating me as if I’m still on zero hours. Of course, overall 21 + 8 is more than 24 hours across the two weeks so overall I’m actually getting extra hours, but that isn’t the point is it?

Unless your contract states that your hours are that flexible, then no they can’t do that. As long as you are available to work 12 hours they need to pay you for those, and if they want you to work more in any week, they’ll need to pay overtime.

Thanks flowery, that’s even more interesting! No, I’m certain my contract just said 12 hours per week. So to properly comply with employment law, they should pay me for 21 hours this week and 12 hours next week, even though they’ve only got me down for 8? I can just imagine how that would go down if I said it! But if they keep doing it I’ll have to say something...

”But if they keep doing it I’ll have to say something...”

Switch that round. If you don’t say something, they will keep doing it.

They could have proposed something like a guaranteed minimum of 12 hours a week averaged over (say) a month, or something like that. But they didn’t. Your contractual hours are now (at least) 12 a week, so that’s what they need to pay you.

All very well saying that over these two weeks it works out more, but next time it might not...

flower is spot on as always, please don't allow them to set a precedent of picking and choosing, because it means they will keep chancing their luck and then say "but you never said anything so we thought it was OK".... to take your good nature for granted

Thanks both. I will take your advice and say something now. I think this is just down to the manageress and asst manageress at the branch I work at, and nothing to do with head office policy. I work for a premium high street clothing brand, and I assume if head office knew what was happening they probably wouldn’t be at all impressed. I guess I just need to point it out, and hopefully that will be enough to nip it in the bud.