Can Anyone Help Please?

SallyUK

Hello All

I wonder if someone could give me some advice please.

My friend has got a new job which was advertised as being 25 hours per week.

When she attended the interview, they asked her if she could be flexible as some nights she may be required to work until 7pm - she had no problem with this.

However, she's been there for a couple of weeks now (still not signed any paperwork or anything) and she's found out that the hours are usually always a lot more than 25 per week.

Some days she's required to work 8.15am - 7pm with a 30 minute break for lunch, this might even be 3 or 4 nights per week, then the following week, she would only work something like 8.15 - 2.15pm.

But, she was told today by the lady who used to do this particular job, that when she's covering for someone who may be off due to annual leave or sick leave, some weeks she could be working as much as 40 hours - the extra hours she doesn't get paid for, but they give her time off in lieu - that's when they allow it, apparently she doesn't always get the time she would want.

Now, I would have thought that if she was being recruited to fill a post like that, then they would have known how busy it might get and they should have mentioned to her that they don't pay her for the extra hours in cash.

What do you think please?

Thanks

Sal
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MCGONIS

Hi there. I am afraid your friend should have received some sort of contract of employment. That would propably have been able to answer what you are asking. I would push for one of these. Doesn't answer your question, but it's a good place to start.

LittleVoice

The written particulars have to be issued within two months of the start of employment - though decent employers will provide them well before that.

Liz_the_Whizz

Hi SallyUK,

Your friend's employer is very lucky to have found someone so flexible - a lot of people who take part-time jobs have commitments which would make this unworkable.

It does sound as if the employer has all the benefits of flexibility here, while the employee has all the hassle. Plus while they do not legally need to give anything in writing for 2 months, ALL good employers do.

Not being paid for the extra hours makes it worse, especially as they dictate when time-in-lieu is to be taken.

Bottom line is - how much does she need the job? This will determine whether she 1) sticks it out, 2) speaks to them about to just how much she is prepared to do or 3) calls time.

Hope it works out for her.

SallyUK

Thanks for the replies.

She's just started there on 19th Dec and so has only been there for a few days, hence the reason the contract hasn't been dealt with yet, I'd imagine.

She was just a bit surprised really to find out that the extra hours wouldn't be paid in cash, as when she is working the longer hours, she would then need to provide for childcare and also for pet care, therefore would need to pay for these and that's when the extra money would be handy.

Oh and it's an NHS post that she has, if that makes any difference??

Thanks again

Sal

clairec79

Something is ringing a bell about if you can't take TOIL within 3 months they pay it - however that may just be an NHS trust I work in thing rather than nationwide.

She can say no to the extra hours, she has to remember that (and learn it fast in the NHS or they will take advantage)

ohreally

SallyUK wrote: »

I wonder if someone could give me some advice please.

Join a union on Monday.

SallyUK

clairec79 wrote: »

Something is ringing a bell about if you can't take TOIL within 3 months they pay it - however that may just be an NHS trust I work in thing rather than nationwide.

She can say no to the extra hours, she has to remember that (and learn it fast in the NHS or they will take advantage)

Thanks Clairec79.

Sal

SallyUK

Hello All

Further to what I said above, my friend decided that it wouldn't be fair for her to carry on working the hours that she was required to do, and so told them that she had misunderstood the hours that were required and thought it only fair that she leave and let someone else have the job.

However, she's wondering if she would be entitled to be paid for the days that she did, which were about 10 in all? She still hadn't signed any contract by the time she left.

Thanks.

Sally

LittleVoice

Did she give the required amount of notice? Though she may not have "signed any contract" that does not mean she would not need to give notice. Did she receive what are referred to as written particulars of her employment? They would include the term regarding entitlement to notice. These written particulars do not have to be signed either by the employee or the employer.

If she gave due notice if it was required and served out that notice or left earlier with their agreement, then she would be entitled to receive pay for the days she worked.

SallyUK

Hello Little Voice

She wasn't given any paperwork whatsoever and worked a total of about 10 days.

Thanks for replying

Sally