Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

Change of rota

70 replies

workcrapp · 18/02/2024 22:50

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.

OP posts:
Original poster
workcrapp · 19/02/2024 15:18

@Mrsttcno1
No I'm sorry my contract says different.

OP posts:
Mrsttcno1 · 19/02/2024 15:24

workcrapp · 19/02/2024 15:18

@Mrsttcno1
No I'm sorry my contract says different.

I consult on cases like this every single day, as well as speak on behalf of vulnerable workers being exploited by their employer in this way. But absolutely feel free to consult a solicitor to explain this to you and provide you with legal advice I’d encourage you to do so.

Your contract tells you how your salary is calculated, however it is PAID monthly. Therefore your argument is if you are working more hours in a month than you are being paid for in a month.

Propertylover · 19/02/2024 16:11

@workcrapp I get it and you are doing the right thing by keeping everything in writing.

If you are a member of a TU then approach them. If not first speak to HR informally, if you can include your current rota and the proposed new rota.

Are you willing to state your hourly rate? If not, what I suggest you do is the following calculation:

  • hourly rate x 40 x 3 = £ (3 weeks pay)
  • 3 weeks pay / 130 hours = £ (revised hourly rate)

If the revised hourly rate is less than £10.42 or £11.44 then they are breaching NMW. I would then be pointing this out to HR.

If your manager will only talk on the phone then send an email saying as per our conversation …… Bullet point what he said & your response.

Mrsttcno1 · 19/02/2024 16:29

Propertylover · 19/02/2024 16:11

@workcrapp I get it and you are doing the right thing by keeping everything in writing.

If you are a member of a TU then approach them. If not first speak to HR informally, if you can include your current rota and the proposed new rota.

Are you willing to state your hourly rate? If not, what I suggest you do is the following calculation:

  • hourly rate x 40 x 3 = £ (3 weeks pay)
  • 3 weeks pay / 130 hours = £ (revised hourly rate)

If the revised hourly rate is less than £10.42 or £11.44 then they are breaching NMW. I would then be pointing this out to HR.

If your manager will only talk on the phone then send an email saying as per our conversation …… Bullet point what he said & your response.

NMW pay is calculated by the pay reference period, not by X weeks. OP is paid monthly so it is calculated monthly, this is the advice I have given further up though the OP needs to look at what her hours PER MONTH would be on the new rota and what her monthly pay is as it may well be that if they are working more than the contracted hours then they will fall fail of the NMW.

Spirallingdownwards · 19/02/2024 16:33

I agree OP Raise a grievance based in being required to work more hours than contracted whilst other employees are being allowed to work fewer hours than contracted but you are all being paid your current contracted rate so in effect they have a pay rise and you a pay cut.

Original poster
workcrapp · 19/02/2024 16:33

@Propertylover
Thank you. Thought I was going a bit mad.

I have been talking to my TU. they want me to take it further as there's been many problems in the past.
This new manager is someone completely inexperienced that "they can mould".

I am going to take some time out as the stress has had much an impact on my mental health.

OP posts:
Propertylover · 19/02/2024 17:50

@workcrapp make sure it is classified as work related stress. I would ask your TU to liaise with HR on your behalf. Give them the two different rota’s and any emails and let them facilitate a resolution.

Propertylover · 19/02/2024 17:51

@Mrsttcno1 I am aware of that but I wanted to give the op a rough calculation to test if she was near NMW.

Original poster
workcrapp · 20/02/2024 02:08

@Spirallingdownwards
Yes that's exactly it.
I'm taking some time out. Doctor has signed me off stating stress from work.
I am worried they will try and discipline me for this so my stress levels are still high.
Hopefully they will sort it when I go back or I will put the grievance in.

OP posts:
HollyKnight · 20/02/2024 02:22

How many hours do you work in each of the 3 weeks she has scheduled you for?

Original poster
workcrapp · 20/02/2024 02:30

@HollyKnight
Over 3 weeks I do 130hours
Colleague 2 does 110 hours
Colleague 3 does 118 hours

Should all be 120 hours.
40X3

OP posts:
HollyKnight · 20/02/2024 02:34

workcrapp · 20/02/2024 02:30

@HollyKnight
Over 3 weeks I do 130hours
Colleague 2 does 110 hours
Colleague 3 does 118 hours

Should all be 120 hours.
40X3

Beak your rota down for me. How many hours in week one? How many in week two? How many in week three?

Original poster
workcrapp · 20/02/2024 02:37

You work week 1 then 2 then 3 then it rolls back to week 1 and so on.
That is how the current rota works.

Week 1 will be early, week 2 mids, week 3 lates.

So everyone does exactly the same.

OP posts:
HollyKnight · 20/02/2024 02:40

workcrapp · 20/02/2024 02:37

You work week 1 then 2 then 3 then it rolls back to week 1 and so on.
That is how the current rota works.

Week 1 will be early, week 2 mids, week 3 lates.

So everyone does exactly the same.

I know that. But what are the specific hours in each of those weeks that brings the total to 130 for you for the three weeks?

Original poster
workcrapp · 20/02/2024 02:48

Sometimes an extra day at the weekend, sometimes a longer day.
It's a complete mess.
There's no patten.
There are 2 weeks where I total 45 hours and a week at 40 hours and colleague does 2 weeks at 35 hours and a week at 40.
They say it's calculated from the 1st to 29th of February so it works out.
It doesn't.

OP posts:
HollyKnight · 20/02/2024 02:57

If they're claiming it averages out over the month, your fourth week would have to be 30 hours.

DodgeDog · 20/02/2024 03:27

Legally once you’ve done a rota for more than 12 weeks employees have an obligation to set that in stone. Legally you do not have to change your working pattern.

SuzieSaturday · 20/02/2024 08:03

Can you make it less about the rota change and more about the hours?
Just keep saying "I cannot work more than 40hrs a week".
And repeat, and repeat
Will that help them to understand better?

Propertylover · 20/02/2024 12:27

DodgeDog · 20/02/2024 03:27

Legally once you’ve done a rota for more than 12 weeks employees have an obligation to set that in stone. Legally you do not have to change your working pattern.

The op is refusing to work the extra 10 hours so sticking to her original rota.

OdinsHorse · 20/02/2024 12:51

workcrapp · 20/02/2024 02:30

@HollyKnight
Over 3 weeks I do 130hours
Colleague 2 does 110 hours
Colleague 3 does 118 hours

Should all be 120 hours.
40X3

can you detail the hours?
sounds like a bloody nightmare

New posts on this thread. Refresh page
Swipe left for the next trending thread