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Can work not pay me?

19 replies

BucksFizz · 16/12/2008 11:00

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VirginBoffinMum · 16/12/2008 13:11

As I understand it (and I am not an HR person, but was a union rep) they are obliged to find you work for the hours you are engaged to attend work. If they decide to close and let you off doing anything, that's up to them - they still have to pay you. They can't tell you to work different hours to what's on the contract.

BucksFizz · 16/12/2008 14:03

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VirginBoffinMum · 16/12/2008 14:15

I think this constitutes less favourable treatment for you as a part-time worker. The following extract applies to bank holidays, but I have put in bold the bit that suggests you are being discriminated against if they close for the hours you normally work, according to your contract, but then penalise you financially for not working then. I reckon a letter to HR pointing this out should do the job. Perhaps flowerbeanbag could check I am right and help with the phrasing?

www.desktoplawyer.co.uk/dt/browse/law/index.cfm?fuseaction=ViewContent&sid=75850&aid=35412

Public holidays and bank holidays
The rights of part-timers in relation to public holidays and bank holidays may not always be clear.

Under the regulations, part-timers should not be treated less favourably than comparable full-timers in their entitlement to public/bank holidays. Allowing full-timers the day off, but not part-timers, is clearly less favourable treatment and unlawful under the regulations unless there is objective justification.

To comply with the law, an employer must treat part-time workers as favourably as they treat full-time workers. In some circumstances, it may be enough simply to give workers a paid day off if their day of work happens to coincide with the public holiday, without giving time off in lieu to those who would not ordinarily work on that day. This may produce a fair result, for example, where a shift system means that full-time and part-time workers are equally likely to be scheduled to work on a public holiday. However, where workers work fixed days each week, such a practice could put part-timers at a disadvantage. Since most bank and public holidays fall on a Monday, those who do not work Mondays will be entitled to proportionately fewer days off. In many workplaces, these workers will predominantly be part-timers.

In such cases, it may be necessary to remove the disadvantage suffered by those staff who do not receive particular days off as a result of their particular working pattern, for example, by giving all workers a pro rata entitlement of days off in lieu according to the number of hours they work.

Whether either of these approaches meets the requirements of the regulations will depend on the particular circumstances. Whatever approach they choose to adopt, employers should bear in mind the principal that it is unlawful to treat part-timers less favourably than comparable full-timers unless there is objective justification for doing so.

flowerytaleofNewYork · 16/12/2008 14:20

What does your contract say about hours bucksfizz? Does it say anything about hours being flexible or varied according to business requirements? Or are those your fixed, normal hours?

Assuming those are your specified normal hours and you've been regularly working those hours, then no they can't do that.

If they choose not to open on Christmas Eve at your normal time of working they can make you take annual leave but they can't forcibly change your hours or not pay you.

Providing there is no contractual provision for doing so, varying your hours is a change to your contract and requires your agreement.

kiddiz · 16/12/2008 14:22

This has happened where I work in the past and I have been offered to take the day unpaid or work the hours at another time which is mutually acceptable. In the past I also wouldn't have been able to work earlier in the day due to childcare but have made the time up on other days at times when I was able to work

BucksFizz · 16/12/2008 14:26

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flowerytaleofNewYork · 16/12/2008 14:30

Well being flexible and staying late because it's busy is one thing, changing your hours completely is something else. What does your contract actually say?

Is this only affecting part time staff?

flowerytaleofNewYork · 16/12/2008 14:30

Well being flexible and staying late because it's busy is one thing, changing your hours completely is something else. What does your contract actually say?

Is this only affecting part time staff?

flowerytaleofNewYork · 16/12/2008 14:31

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BucksFizz · 16/12/2008 14:34

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flowerytaleofNewYork · 16/12/2008 14:36

Doesn't sound like it's a part-time/full-time issue then, and sounds as though it's likely to be a significant number of people affected.

I think your union rep needs a bit of a kick up the bum tbh!

BucksFizz · 16/12/2008 14:40

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flowerytaleofNewYork · 16/12/2008 14:46

I expect the HR person will be on the phone to your boss as we speak in panic mode...

Do talk to your union rep, hopefully HR will sort it out the other end as well.

VirginBoffinMum · 16/12/2008 14:54

flowery as ever speaks good sense! [frgin]
Does sound like a cockup.

VirginBoffinMum · 16/12/2008 14:56

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BucksFizz · 16/12/2008 22:34

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ruddynorah · 16/12/2008 22:44

ime depends on your contract. are you on a fixed term contract?

my staff work 6-midnight. xmas eve we shut at 5. they are working 6-8pm (to price sale!). the other hours (8-midnight) will not be worked but will still be paid at basic rate, no unsocial bonus.

however, the fixed term seasonal staff have their unworked hours moved. so if they're contracted to work the day that happens to be xmas day, those hours will be moved elsewhere in the week. this is all explained to them when they're recruited. their contracts state they must WORK the amount of hours they are contracted for. they are given 2 weeks notice of any changes.

BucksFizz · 16/12/2008 22:45

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flowerytaleofNewYork · 17/12/2008 08:51

Whether the contract is fixed term or permanent isn't relevant, it's what the contract says about varying hours and whether varying them is normal and usual. Sounds as though it's quite clear where you are that hours can be changed, staff know and understand that.

In BucksFizz's case her hours are fixed and there is no provision to vary them.

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