Employment contract?

RossDave10

Hey everyone,

Posted about this before but it has never took off as there was always a week in between but now its close..

Well, for the last seven weeks of 2010 I worked 39hours a week, whilst contracted 8hrs,

I got given 32 hours, (24hours overtime plus my 8 contract) for the first two weeks on january, and then the last two weeks on january I got 39hours,

Ive also got 39hours this week, and the rotas for next few weeks show the same, how many weeks is it before they legally have to offer me 32?

Does it matter that ive done 32/39 or can I just say ive done at least 32?

How do I go about asking for the increase?

thanks

emmadragon

Why do you want to change? Surely being paid an overtime rate for 24hrs is better than working 32 hours at a standard rate?

RossDave10

No, the overtime I work is paid at the standard rate, so it would be no loss of earnings, however, now when I book a holiday I get paid for 8hrs, but with an increase would be paid for 32...

zzzLazyDaisy

More information needed.

What does your contract say about overtime? Can you choose not to accept the over-time if you wish?

RossDave10

Hi, my contract shows saturday 9-6 as my hours then overleaf says "the company retains the right to vary these according to the needs of the business"

SarEl

I think you are getting your legislations mixed up - and BTW the last time you posted about this it was actually about how you can get your contractual hours increased (no doubt for the same reason as you are asking here - but in law they are two very different things!).

Your contractual hours are 8 per week, and they remain at eight per week. This is what your holiday entitlement is based on. The clause overleaf relating to varying your hours only refers to varying the 8 hours in your contract. It is not about overtime. That is something completely different. Which is why you were asked about whether the overtime must be worked in the terms of your contract - because if it does not have to be worked then you do not accrue annual leave on overtime hours.

The reference period which you are referring to relates to variable hours contracts. These are contracts where there are never any fixed standard hours of employment, and the number of standard hours is determined on a week by week basis. So this is why the question about your contractual ternms for "overtime" is relevant. If your contract says that you work 8 hours per week, but you must do overtime if you are asked to, then this converts the contract to a variable hours contract because you have no option but to work. If it does not say this then you can refuse the overtime, and therefore it does not qualify for leave accrual.

zzzLazyDaisy

RossDave10 wrote: »

Hi, my contract shows saturday 9-6 as my hours then overleaf says "the company retains the right to vary these according to the needs of the business"

Okay, you have a contract for 8 hours work on a Saturday.

The fact that you have been offered, and accepted, additional hours overtime does not change this.

There is no rule that consistently working extra hours overtime entitles you to insist that your contractual hours are changed to include the extra hours, which is what you seem to be implying.

If you want a full-time job, your answer is to wait until full-time work is advertised by your employer, and apply for the vacancy. Or look for alternative work elsewhere.

no-oneknowsme

My Sister worked in a supermarket on a 16 hour contract . She never worked only the 16 hours though . Every week she got 35 hours per week and so she came to rely on the 35 hour wage.

The supermarket then had a dry spell and my Sister started to receive just her 16 contracted hours. By this time she had worked 35 hours per week for close on 5 years !

She found the drop in income hard to budget for and like yourself thought that she had some "right" to be given the extra hours just because she had worked them every week for so long....

Unfortunately , as the others have already told you , you have no right to the extra hours and they will not become part of your contract simply because you work them on a weekly basis.

You are contracted for 8 hours and thats all they have to give you !

RossDave10

Hi, thanks for the reply.

It is not the holiday pay I am enquiring about, but do I have grounds to demand a contract increase, to say 32hrs, if I have been working 32hrs or more per week for say 13 weeks I think? surely because I am contracted 8hrs, this does not then mean they can expect me to work overtime, wether I can refuse it or not, they would still frown upon me not doing overtime, and then pay me 8hrs holiday when most weeks I work full time for them? the holiday point was just because I find it frustrating.

My main concern is that I would like to ask for a contract increase, and wondered if there was any rules around how many weeks you've worked x amount of hours, before they legally have to offer you a contract based on that..

Thanks for you time !

RossDave10

I'm sure thats not completely true though, I am sure if you consistently work extra hours for a certain number of weeks, then they legally have to offer you a bigger contract?
Your daughter may have been given overtime, but I'm sure she did not do it for big stretches in a row but maybe with the odd week at her contract hours?

RossDave10

no-oneknowsme wrote: »

My Sister worked in a supermarket on a 16 hour contract . She never worked only the 16 hours though . Every week she got 35 hours per week and so she came to rely on the 35 hour wage.

The supermarket then had a dry spell and my Sister started to receive just her 16 contracted hours. By this time she had worked 35 hours per week for close on 5 years !

She found the drop in income hard to budget for and like yourself thought that she had some "right" to be given the extra hours just because she had worked them every week for so long....

Unfortunately , as the others have already told you , you have no right to the extra hours and they will not become part of your contract simply because you work them on a weekly basis.

You are contracted for 8 hours and thats all they have to give you !

How can you say it is right for an employer to just give out an 8hr contract, lavish the overtime, skimp on your holiday pay as your only on an 8hr contract... it is ripping people off, you surely must be wrong?!