Change of rota

[workcrapp]

My new manager has tried to change my work pattern.
For example I am contracted 40 hours a week. Over a 3 week rota this will total 120 hours.
I have 2 colleagues on the same contract as myself. I am doing more hours than they are. I am doing 130 and another person 110.
I have refused to change hours.
My manager doesn't seem to understand what is wrong with this and I feel I'm going a bit mad.

For now don't discuss it with her out of hours, maybe she's come from a different department and has never had to do rotas before.

She wants me to phone to discuss on my personal phone.

Oh, that'll be the phone that doesn't record the phone calls then.

It's a no from me. Sounds like your right and she's favouring a colleague.

I am sticking to the existing rota much to her horror.
But the colleagues are doing the new rota so will be working less hours for the same salary.

I have been fighting this for 3 weeks and it has caused me so much stress.

It's like banging my head against a brick wall.

https://www.rcn.org.uk/Get-Help/RCN-advice/changes-to-your-shifts

I have ignored her calls.
I have 2 voicemails in which she says we need to discuss the new rota for the needs of the business which takes priority and also to discuss my absence for not being at work for the new hours.
I have told her manager the new rota is a breach of my contract. He doesn't get it either, but his lack of intelligence is common knowledge.

@TraitorsGate

Thank you for the link but it's not the NHS.

It's a private company that has centres throughout the UK and has several branches to the business.

Before covid I was pretty much 8 to 6 on condensed hours over 4 days.
I get things have changed, but where we now have a quarter of the workforce they are just trying to stretch us to cover as many working hours as possible.
I do understand this, but I feel this new manager is a complete idiot or showing favouritism.
The colleague doing the least hours is her manager's girlfriend.

Maybe ACAS can help

Yes, I'd talk with ACAS

So if a call is insisted upon, right at the start of the call state you are recording it for your future reference. Or have someone else listen in and state at the start of the call that they are on speaker and you have a note taker listening in.

Escalate this favouritism. It breaches so many rules.

@Ilovemyshed
Several colleagues put in complaints about favouritism and now no longer work there.
That includes my previous manager who was bullied out after 20 years with false accusations.
She did clear her name but felt she couldn't go back.
It's so messed up there.

I have called my GP and been signed off with work stress.
I will email the fit note to the higher up manager stating why I'm so stressed.

I need a reset from there for the sake of my mental health.
Everything is in writing so if they try anything there is evidence.

The new manager can try and plug the gaps now with one less full timer and hopefully she'll realise it's her behaviour that has caused it.

I know that sounds spiteful but I feel like I've been having a breakdown the last 3 weeks.

What is the exact wording of your contract regarding working hours OP? You need to check that, and I’d advise speaking with ACAS/legal advice, because it may be that despite it not being what you would want, it is covered by your contract and so you may have to do it. I’d hope that with a large organisation there would be checks and legal advice given to your manager before she started making changes so I wouldn’t be surprised if this isn’t covered by some contract stipulation, but double check as your manager may just be point blank wrong.

Also, check your hours vs your salary. What is a PRP for you (Pay Reference Period), e.g. weekly, 2 weekly, 4 weekly, calendar monthly? Check your hourly rate x hours worked in a PRP to ensure you are not being paid under the NMW Rate.

@Mrsttcno1
The exact wording is
You will work 40 hours a week covering various shifts on a weekly rolling rota.
This was the update to my contract in 2021 after Covid.
I have been there 10 years working various rotas but on that principle.
I have no issue that the rota may change. That has happened about 5 times over 3 years to accommodate less staff, but it sticks to the same principle.
Once I was on a 6 week rota but it was 240 hours over 6 weeks. This was to incorporate weekends. It was hard but within my contract.
The new rota means our total hours are different.

@Mrsttcno1
My pay is worked out
Hourly rate X 40hours X52 weeks divided by 12 months.

Okay, but is there any wording within the contract along the lines of “subject to cOkay, but is there any wording within the contract along the lines of “subject to change due to business need”, anything like that? Most companies do this now to cover exactly this scenario, typically it’s buried within the contract, so make sure you read it front to back to ensure there’s nothing like that in there.

I know you’ve said your pay is calculated based on hourly rate x 40 x 52 /12, but how is that paid? That’s what is ultimately important, what your pay reference period looks like. So are you paid monthly I am guessing? Does this new rota mean that you will be working more hours than you are paid for in a month?

It is going to be tricky even so as there have been lots of recent changes to how salaried workers are calculated in terms of working hours and pay, but it is something to think about.

My original contract is 10 years old. No subject to change.
The bit that says 40 hours on a rolling rota is an amendment.
The colleagues have been there just under 2 years so have a different contract.
My issue is there will be no extra pay.
Doing an average of 173 more hours than my contract over the year for the same pay as someone doing 173 hours less than exactly the same contract and the same salary is not on.

I know it sounds complicated but to simplify this is a basic comparison.

2 colleagues both contracted to 40 hours a week for £500 every week.
One works Monday to Friday 9 to 5.
The other one works 9 to 4 Monday to Friday.
When this is questioned you're told it's the way the rota is.
The pay stays exactly the same and they do the same job.

You need to go back through and check all of this properly because there really may be something within the contract or handbook about changes based on business need considering you have worked different rotas.

You almost need to forget about your colleagues. Legally, your only comeback is for yourself. They are on a different contract so it makes absolutely no difference to you what hours they work and for what pay. If you are going to really raise an issue, your only basis is if the new rota means that you are now being underpaid for the work you are doing. If your extra hours mean that you are now not being paid your agreed hourly rate, or they mean you are working more hours than you are agreed to, then that’s your argument. But what your colleagues are doing on their contract has no material impact whatsoever on you in terms of raising a grievance no matter how irritating it may be.

@Mrsttcno1
The colleagues contract is less favourable to mine. It has clauses and variations and do not get the same benefits I do.
I know this as they wanted me to sign the same contract and I refused.

I get that the favouritism is separate, but to make me work more hours so she can work less for the same money is surely wrong.

It is irritating, but unless you are being disadvantaged due to a protected characteristic then you’re going to find it incredibly difficult to argue that, it’s irrelevant really. Plus if you are acknowledging that their contracts are “worse” than yours/do not benefit from the same things that you do, then you can easily see the argument your employer can counter with- your contracts are materially different. You can’t pick and choose when you want to be treated exactly the same as your colleagues essentially.

Focus on yourself.

You need to look at your contract, your working hours and your monthly pay because that is what matters, especially if you are paid the NMW Rate or to be honest anywhere close to that and you could be at risk if you are genuinely working additional hours in a PRP. How many hours would you work in a month on the new rota, and how does that compare to your monthly wage?

@Mrsttcno1
I sorry but I don't think you are grasping what I'm saying.

There are 3 of us.
All of our contracts state 40 hours a week for exactly the same hourly rate.
We are paid based on 52 weeks in a year.
There is no monthly contract. It's all based on weeks.

So are you paid weekly or monthly?

Have you got a HR?

I'd get advice from ACAS about this. I'd also ask for a detailed written response to your email which highlights the disparity. You are right not to discuss it on the phone informally.

I'd also be looking for a new job op.

I'm paid monthly but it's based weekly.
Hourly rate X 40 X 52 divided by 12.
My salary is not based annually or monthly. It's calculated weekly.

If your salary is paid monthly then that means your pay reference period is monthly. Any investigation into pay & hours is done based on the hours worked in a pay reference period and the pay given for those hours in that pay reference period.

So how your salary is paid is what it crucially important for you. How it is calculated is one thing, but when you are trying to make an argument for working of excess hours that is done by PRP, so in your case monthly, not weekly.

If you are working more hours in a month that you are being paid for then that is your argument.