Employer has messed up. Where do I stand?

[Sparklyblue]

Hi all,

Sorry this is long.

I went on Maternity leave on 27th Feb 2009, I was asked when I was likely to return and I said Jan 2010. I had a letter off the boss saying I was due to return end of Feb, but if I wanted to return earlier, to put in writing my date of return, with at least 21 days notice. All fine.

Fast forward to November when I send my letter to head office stating that I would be returning 5th Jan 2010. Still all fine.

Last week of term in December I am told by my superviser that there is a problem. They have contracted my stand in till the end of Jan. I must explain that I am a food service assistant at a school and it is usually just my supervisor and I that work. They have said that we can all work together for the month.

I return today to be asked if it would be ok if my supervisor was shipped out to another school and that I work with my stand in. I have a number of problems with this.

1. I will be expected to supervise this lady and do all the paper work and generally be in charge. But not at supervisors wages, just my own rate.

1. I have been told by numerous staff that the stand in is useless at her job. I witnessed this myself when I did a keep in touch day in December. So I will be doing the major share of the work.

So my supervisor has rang her supervisor to say I am not prepared to do this. We are entitled to 36 hrs work as the number of dinners we serve is high, but we all work 15 hrs a week so we will be nine hrs over.

Just wondering where I stand.
If I am made to supervise this lady, will I be entitled to extra pay?

If we all work together they are likely to cut our hrs. Surely it is their mistake, so they should be prepared to pay the extra for the month.

Where do I stand legally on this situation.

Thanks if you have reached the end of this. Hope you can understand all the waffle

Right.

Well normally you have to give more than 21 days' notice of an early return, but I think that your employer has waived that right by saying that 21 days is sufficient.

In terms of extra pay for extra responsibilities and the supervisor being assigned elsewhere, that depends how flexible your employment contract is and what your duties are defined as being. Without wanting to sound dismissive or rude, senior and managerial positions are far more likely to have widely written contracts and have to 'lump it' with extra duties, whereas less senior and more manual jobs are more likely to be clear. I'd guess that you probably shouldn't be asked to be supervisor without agreeing (this isn't the same as being entitled to extra pay, the terms on which you'd agree would be up to you).

In terms of hours, what does your contract say? Assuming you are contracted for 15 hours, your employer cannot randomly cut it because they've messed up.

TBH, I don't understand why the stand in can't be sent somewhere else to work out her notice?

op - do you work for a company or for the LEA?

I work for Warwickshire County Caterers. Part of the council.

RibenaBerry I don't understand why she can't go elsewhere too.

Have you asked what additional payment you will receive for doing a supervisor's job? I don't think you are necessarily entitled to it but it is worth asking. And LEAs usually have to be more generous than private companies.