How long do I wait?

butterflylady

Hi,

I'm hoping that you good people will be able to help.

I am currently on maternity leave and am due to return to work in a couple of weeks time.

Last week I was invited for a coffee with my baby to one of my places of work, while I was there my acting manager asked to see me and told me that she had no hours for me, the person covering me role was going to continue instead.:mad::mad::mad:

I informed her that I had a contract and she couldn't do this. I left feeling very upset came home and spoke to ACAS who imformed that I was correct and that I was protected as I had a contract and informed to put this in writing my employer.

I have done this and hand delivered it a week ago, I have heard nothing back from them.

How long should I expect to wait to hear from them? What is the best course of action if I do not hear from them?

Thanks

KiKi

Hi there

What sort of contract are you on?

It sounds like they're taking their time in replying because they're not up-to-date with employment law.

KiKi

butterflylady

I work for an Local Authority, in education, ( you would help they would be up to date on employment law!!).

The contract is a permenant one, the job itself was to provide support to the schools business manager, taking on 2 taskes a month showing seperation of duties for audit purposes.

KiKi

butterflylady wrote: »

I work for an Local Authority, in education, ( you would help they would be up to date on employment law!!).

The contract is a permenant one, the job itself was to provide support to the schools business manager, taking on 2 taskes a month showing seperation of duties for audit purposes.

A permanent contract for (say) 35 hours a week? Or a zero hours contract?

The reason I ask is that you say she has no 'hours' for you, and you haven't said that you've been dismissed. If you are on a zero hours contract you need to look at the specific wording for how work is contractually allocated to you.

Is the person covering your job a colleague already employed in that role (ie, just doing additional work, also on a zero hours contract) or were they brought in to cover your actual role?

Sorry for all the questions! But if your contract allows for you to have 0 hours allocated each week, and if the person covering is already in the same job as you and just doing more (as opposed to being moved to do your role) they may be able to argue that they haven't dismissed you, they've just re-allocated work which they're perhaps contractually entitled to do. I don't know how that stands legally whilst you're on mat leave. But if it is legal then proving that the reason they've done this is because of your mat leave could be difficult.

If you can answer re the contract and specifically how your job is being covered that would help the legal eagles on the board (of which I am not one!).

KiKi

butterflylady

Hi Kiki,

I'll try and answer all of your questions as clearly as possible.

My contract doesn't state the number of hours I work, just that I have a permenant contract and the salary applicable.

When the acting manager stated that she had no hours for me, she was thinking that I was submitting a timesheet each month for the hours worked. The person who is covering me is just submitting time sheet, she does not have a contract within this school.

In terms of my hours, I attend school once a month for possibly 2 hours to do the 2 tasks I was asked to do.

I hope this makes sense

butterfly

butterflylady

Does anyone have any other thoughts on this?

liney

Your contract must give a description of hours to be worked, whether it says (eg) 'As required', from 9am to 5pm daily, or simply 37.5 per week. It's one of the basic requirements for a contract. How would you know if the salary stated was for 2 hours or 22 hours, otherwise

KiKi

We need to know how this contract works.

You haven't been dismissed (is this right?) but they're not giving you hours. This implies to me that the contract you're on allows them to allocate work as they see fit. Can you please clarify? It does sound like a zero hours contract with an hourly rate of pay from what you say. It's very difficult to comment without knowing how the work is allocated.


Either way, re the Mat leave, they cannot just replace you whilst you're on Mat leave with someone else unless they've followed specific procedures and have a legal reason for it. However, if you are on a zero hours contract with an hourly pay (and as you are paid hourly and haven't been dismissed I suspect you might be), and if they can choose to allocate work to you as they see fit, then it is possible they will be able to justify the way they have allocated work, and that no discrimination could be found.

But without really understanding what your contract says about how work is given to you, what your hours are and how you're paid it's very difficult to say.

Perhaps LazyDaisy or SarEl have a better insight into this?

KiKi

butterflylady

Hi,

I'm sorry if I'm not being very clear. My contract does not state hours on it, I am paid £600 per annum split equally over the 12 months so £50 a month ( I know not a lot but its the principle). On my pay slip this is listed as job 2 and has my monthly and annual salary noted on it.

I was employed to do 2 specific tasks each month, some months this can take 30 mins others 2 hours. I have always been able to call the school and say can I come on x day at this time, fitting my childcare round DP hours.

When I went for the meeting with the acting head she stated that these tasks were going to be given to the person who has been covering and therefore there was no need for me. The person who is covering is completing a timesheet every month for her hours worked and is not a contract with the school.

I hope this makes things slightly clearer

KiKi

So have you been dismissed? Is your contract ending?

Or are they going to continue to pay you even without giving you work?

Thanks
KiKi

Hollyharvey

Hi,

Can I ask:- Is your contract with the school or the LEA?

The reason I ask is, that if your contract is with the LEA it could be that this individual school has decided not to buy in this service from the LEA anymore as they now have a member of their own staff carrying out the task.

If this is the case then you need to take this up with the LEA as they are your employer and will need to either find you alternative work or go down the redundancy route.

.