Dispute over hours worked on a shift

Devin_Shockwell

Thanks jdturk! Just the sort of constructive answer I was after. I shall pass on your advice.

jdturk

The ACAS part is very important though coz the rest is just my thoughts that could be wrong

McKneff

I am gaining in the opposite direction.
My hours were (before i wnt part time) were 8.45 to 5 with 1 hour unpaid for lunch 5 days a week.

I requested when i got to 60 to go part time ie 3 days a week 9 to 5 with 1 hour for lunch unpaid. Fine the boss said. we will pay you 3/5ths of what you were on (i think he forgot that i am now gaining .75 hours each week because of starting at 9 and not 8.45) which equates over the year to around 48 x .75 hours.
Saying nothing, its all in writing in a new contract. Ive been there nearly 24 years so it makes up for all the 10/15 mintes i stayed back to finish jobs off.

jdturk

McKneff wrote: »

I am gaining in the opposite direction.
My hours were (before i wnt part time) were 8.45 to 5 with 1 hour unpaid for lunch 5 days a week.

I requested when i got to 60 to go part time ie 3 days a week 9 to 5 with 1 hour for lunch unpaid. Fine the boss said. we will pay you 3/5ths of what you were on (i think he forgot that i am now gaining .75 hours each week because of starting at 9 and not 8.45) which equates over the year to around 48 x .75 hours.
Saying nothing, its all in writing in a new contract. Ive been there nearly 24 years so it makes up for all the 10/15 mintes i stayed back to finish jobs off.

Sounds like he is just a good boss, you've been there for 24 years he's hardly going to quibble over 36 hours extra pay a year

Devin_Shockwell

McKneff wrote: »

I requested when i got to 60 to go part time ie 3 days a week 9 to 5 with 1 hour for lunch unpaid. Fine the boss said. we will pay you 3/5ths of what you were on (i think he forgot that i am now gaining .75 hours each week because of starting at 9 and not 8.45) which equates over the year to around 48 x .75 hours. Saying nothing, its all in writing in a new contract. Ive been there nearly 24 years so it makes up for all the 10/15 mintes i stayed back to finish jobs off.

By my estimate that would equate to 39 hours paid!

Stop me if I'm wrong but you would be contracted for 52 weeks in the year. So 52 multiply by the three quarters of an hour (0.75) would be 39 hours! I assume holiday would also be paid at the same rate as a worked shift?

ceridwen

I certainly think this needs to be pursued - because otherwise your friend will be working the equivalent of about 3 days a year for nothing:eek:.

So - the two things the company are going to be "reluctant" about boil down:

- they owe her money for the unpaid time they have had from her so far

AND

- even more to the point - I bet your friend isnt the only one in this position actually (it would be a sight easier if she is...). I have the feeling that they have probably pulled this stunt on some others of their employees as well (whether by accident or design:cool:).

So - if they put your friends hours right - then they will have to put these other peoples hours right as well and I doubt they will be very happy about it somehow...

This being the case - ie that we probably arent just talking about her personally - then she needs to go to the Union about this.

McKneff

Devin_Shockwell wrote: »

By my estimate that would equate to 39 hours paid!

Stop me if I'm wrong but you would be contracted for 52 weeks in the year. So 52 multiply by the three quarters of an hour (0.75) would be 39 hours! I assume holiday would also be paid at the same rate as a worked shift?

I was working roughly on 48 weeks in the year and not counting say 4 weeks annual holiday although in actual fact i get 3/5th of 26 days annual holiday.

And hey, yes, he is a good boss - mostly:)

Devin_Shockwell

ceridwen wrote: »

I certainly think this needs to be pursued - because otherwise your friend will be working the equivalent of about 3 days a year for nothing:eek:.

So - the two things the company are going to be "reluctant" about boil down:

- they owe her money for the unpaid time they have had from her so far

AND

- even more to the point - I bet your friend isnt the only one in this position actually (it would be a sight easier if she is...). I have the feeling that they have probably pulled this stunt on some others of their employees as well (whether by accident or design:cool:).

Can of worms opened! Other people are in the same situation at her work place :rotfl:

She has all the relevant information now at least to confront her employer properly. It strikes me she is quite entitled to back pay for the hours that have gone unrecognised over the years and also an immediate adjustment for future payments. One other small detail is the contract of work itself. As she has been scheduled to work a total number of hours in excess of her contract of work what should happen next? Would a new contract need to be drawn up with the adjustment in hours to match 2099.5 and an increase in salary to match the extra hours? I would presume the answer is yes unless part of a few shifts were offered as time off instead?

jdturk

If she is salaried it does mean that as she has been working 161.5 hours month for the past two years she may have accepted these terms of the agreement (if it went to an ET) and thus she would not get any extra pay and no change in contract

If she is hourly paid I would probably expect the same contract but her pay to increase by 1.5 hours per month

Zazen999

Before she goes in and confronts; just check out custom and practice; if something has gone on for a time then they might be entitled for it to carry on.....and adjust the contract to suit......