Are they allowed to do this?

ellesworth

I'm a regular, but I'm signed in as an AE as I've posted recently in a thread about the company I work for.

Basically, my contract is for 16 hours, but generally, I am doing at least 24, maybe more, every week. This week, however, my hours have been cut to 16 on the sign in sheet, ending at 6.30 each day for four days.

HOWEVER, we have recently been told that we have to be out by 6pm, and if we're not, we won't get paid for anything after 6, which means I'm losing half an hour a day, 2 hours per week, making my hours LESS than that per my contract. I have a sneaking suspicion it has to do with me going on holiday next week too (so they only pay me for the 16 hours, and not the equivalent that I've been doing for the past few weeks, and was scheduled to do this week until the rota was changed on Friday).

Are they allowed to do this, and should I approach my manager and say something?

ohreally

Your holiday pay would normally be paid at your contracted hours level unless your contract offers more.

shellsuit

Holiday pay should be your average pay over the previous 12 weeks to the holiday.

Say you earn £100 a week for 12 weeks, then take a weeks holiday, you would be paid £100 for that week.

BUT, if you worked more hours, say 6 weeks @ £100 and 6 weeks @ £150, then your holiday pay should be £125.

McKneff

no they cant do this. If you are contracted for 16 hours they have to pay you for 16 hours, telll them you are quite happy to start work half an hour early

ellesworth

I'll see what happens tomorrow (the new shift manager is always pushing us to finish early, but the manager is in tomorrow), and if we're being pushed to finish early, I'll say something. I have a feeling I'm being punished for "being slow" last week, although half my time was spent on tills as the shop was mobbed all week, and the rest was tidying up so we could be out early, and no one really got much done apart from the management, and that's because they don't have to answer the tills.

I am looking for another job.

Oldernotwiser

If you're claiming tax credits, won't they be affected if you work fewer than 16 hours?

ellesworth

I'm not entitled to anything, so it won't affect anything there. I'm just so peed off that they're pulling me from 26 hours to 16 while no one else's hours are changing as dramatically.

surreysaver

ellesworth wrote: »

I'm not entitled to anything, so it won't affect anything there. I'm just so peed off that they're pulling me from 26 hours to 16 while no one else's hours are changing as dramatically.

How many hours are the others contracted to work?

surreysaver

shellsuit wrote: »

Holiday pay should be your average pay over the previous 12 weeks to the holiday.

Where does it say that? You are entitled to be paid the hours your contract says. If your employer offers you more, then great - but it's not in legislation.

orlao

shellsuit wrote: »

Holiday pay should be your average pay over the previous 12 weeks to the holiday.

Say you earn £100 a week for 12 weeks, then take a weeks holiday, you would be paid £100 for that week.

BUT, if you worked more hours, say 6 weeks @ £100 and 6 weeks @ £150, then your holiday pay should be £125.

No, sorry you are only entitled to contracted hours payment for holiday pay purposes unless your contract says otherwise.

Does your contract say anything about your contracted hours being an average over a certain amout of weeks? ie you have to work extra hours at peak times and then they can reduce your hours when it's quiet but as long as it averages 16 pw over 12 weeks IYSWIM That could explain why it's only your hours that are affected, your co workers might not be approaching their average yet!

londondulwich

To be fair to employees who work irregular hours or shifts, holiday pay is calculated by taking an average of their working hours.

The average is based on the previous 12 weeks.

e.g. If you worked 3 weeks at 30 hours, 6 weeks at 24, 2 weeks at 26 and one week at 16. your average weekly rate would be 25.16 hours.

So, if you are paid £10 per hour, you are due £251.60 for each week, before tax, (pension?) and National Insurance deductions.

If your holiday pay does not reflect the hours you have put in over the preceeding 12 weeks, it has been incorrectly calculated.

The relevant legislation is the Employment Rights Act 1996 s224. ( I think someone said there was no law in place).

Your employer is allowed to vary your hours with your agreement. They are not allowed to reduce your hours below the contracted minimum without your agreement.