Contract woes

[Rebellion86]

Just looking for advice, preferably from anyone who knows much about contracts (based in NI).
I've been in my job a year now in November. Love it. I was technically contracted to 24 hours a week, which was for 2 nights per week. The night shift starts at 8.30pm and finishes 8am, so it's really only 11.5 hours a night, or 23 pw.

This hasn't been an issue, until now. Over the summer holidays I done an extra night shift here and there because the kids were off school. Now they're back I'm.back to my 2 nights.

My manager who hired me is off on maternity leave until February. The stand in manager, who has been there for months, has now flagged that I'm short on my contract by 4 hours a month. I have told her this is how it has been from I was employed almost a year ago. Its not like I can go in for a random hour each week, because it would affect everyone else who is also doing their contacted hours.

She has said my options are either to start at 8pm every shift, which affects the staff who are contacted to be on until 8.30pm, or once a month do an extra night to cover it, giving me 7 hours overtime as well. I rely on my family for childcare, so this affects them as well.

Anyway, I just noticed today that she has started taking 4 hours out of my AL entitlement to cover the 4 hours I'm short. Leaving me with less holidays than I'd planned for. At the min I'd enough hours left for 2 weeks hols after Christmas, and she has now taken 8 hours out of this to cover the last 2 months.

I know nothing about how businesses are run, so I'm thinking can they not just leave it as it is, considering I've been doing that for a year now? Would I be wise to seek advice from a solicitor or should I just bite the bullet and accept this is how it is?

Well their alternative would be to reclaim the overpayment from you, as you have been paid for time you haven't worked.

The problem is that they cannot just continue to pay you for hours that you won't be working. Technically, they can let the past slide and just make changes now moving forward, but they don't have to. And you are as much to blame as they are as you knew you were being paid for more hours than you were working. So you could offer to pay them back the over payment, or you can offer to work back the hours as she suggested - or you can accept that this must be accounted for via your annual leave. What you cannot do is avoid "paying it back" in some form or another - you can ask, but you can't insist because they have the law on their side. You could have raised this at any time in the last year and not let it run on, so your position is weak.

I haven't though, I've been getting paid for 23 hours per week, not 24. We fill out time sheets for each shift and get paid according to them. In my payslip it says the hours I have worked and its definitely 23 hours per week

It’s going to depend on exactly what your contract says about pay, hours, overtime etc. I’d speak to ACAS or your Union. And your home insurance may have a free legal helpline you can try too.

@Rebellion86 As you have only been paid for 23 hours no she can’t take time owed from your leave unless she pays for those hours.

The first thing to do is double check the adjustment to your annual leave is not to reflect the fact you only worked and were paid for 23 hours. To explain you have worked there 12 months so are entitled to 5.6 weeks paid leave I.e. 5.6 x 24 hours but you have only worked and been paid for 23 hours so your leave should be 5.6 x 23 hours.

I would next write to HR and explain what has happened, point out you have only been paid for hours worked. Suggest that it makes sense for the business to issue a new contract based on a 23 hour week. Point out this fits shift patterns, clearly meets business needs as you have worked it for a year and you are happy with the arrangement.