Part-timer being taken for granted

[oneranksenior]

Basically I work part-time, I'm flexible. It used to be a respectful agreement between the manager and me which days I would work.

Over the years I've had a monthly rota, a weekly rota, but now it's a rota that is changed by the hour.

I will be listed on the rota, I turn up for work the new manager then realises I'm not needed so I'm sent home, time subtracted from my flexitime. The rota is written at the end of the preceding day, so through the week I never know when I was working.

I have yet another new manager, to who I explained the problem of always being on-call.

It's bloody well happened again!

I was on the rota for tomorrow, after close of business today I get a text, you're not required tomorrow, I have to take annual leave.

Is there anything I can do under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000?

What does your contract say? Does is specify particular days and hours?

No just 26 hours a week. But I only did 17 hours this week so will have to use annual leave and accrued flexi to make it up. My colleague on the same contract, doing exactly the same job has had 3 days work this week.

My understanding is if your contract says 26 hrs per week, then they must either give you 26 hrs work or pay you for the 26 hrs. It should not be taken from your annual allowance as you have not requested the holiday. Maybe have a sit down with your new manager and request set days to make up the 26 hrs rather than being flexible.

I agree if your contract states 26hrs per week this is what you should be given or they should pay you for 26hrs. I believe They can ask for volunteers to take time off using accrued flexi time or annual leave but can’t force anyone to take this up.

That's an interesting response from both of you. This week included a bank holiday. I receive pro-rata hours for this of 5 hours per bank holiday which is added to the annual leave hours. I will have to use those 5 hours and then 4 hours of flexi. My colleague who this week was told that the bank holiday was a non-working day and then worked 3 days will have kept the 5 hours for the bank holiday and the flexi intact.
Same thing happened at Easter. I think it's just chance rather than anything personal. Still my colleague now has 10 hours to take as annual leave when they want.
We've had a meeting to agree to work specific days it just has to work in practice.

I've looked up employment law and you were both correct.
"The employer is obliged to give you at least the number of working hours in your contract, or to pay you in lieu where your contracted hours are not met."
"Whilst your employer may ask you to change your contracted hours, they cannot force you to do so. Accordingly, contracted hours not being met would be classed as a breach of your contract."
This is the wonder of MN, I've been getting so wound-up about this!
You've help me find a way forward, thanks!

I've just run ACAS. They said that the employer couldn't make me use annual leave retrospectively. They have to give twice the period to be taken as notice i.e. 2 days notice for 1 days leave. Flexi leave isn't covered by employment law so I'll read up on our policy when I'm next at work.

Just rung!