Do they have a right to do this?

mrssweep

I work for a well knowm chain of small shops and have been based in 1 store for 2 years. This base shop has closed down due to being bought out but I have become a 'floater' moving from shop to shop as and when I am needed. This means that while I am okay some weeks, on many weeks I have only a few hours work each week and hardly no wage! So I am relying totally on WTC when I should be getting a wage alongside it. Do my employers have a right to not pay me as Im still contratced etc?

wantsajob

Unless your contract guarantees a minimum amount of hours per week you have nothing to go on. No work, no pay. Find another job time I think.

KiKi

mrssweep wrote: »

I work for a well knowm chain of small shops and have been based in 1 store for 2 years. This base shop has closed down due to being bought out but I have become a 'floater' moving from shop to shop as and when I am needed. This means that while I am okay some weeks, on many weeks I have only a few hours work each week and hardly no wage! So I am relying totally on WTC when I should be getting a wage alongside it. Do my employers have a right to not pay me as Im still contratced etc?

What are the terms of your contract? Specifically, how many hours does it say you will work each week?

KiKi

mrssweep

Its a part time position so states 13 on my contract.

KiKi

Are you being given 13 hours each week?

KiKi

mrssweep

No, last week I had just 3!!!

KiKi

If your contract states 13 hours a week and you are not being given that work (nor being paid for it), this is a breach of contract.

You should in the first instance speak to your line manager, or the HR department if they have one, and point this out. Even if they can't give you work, they have to pay you. This may resolve the issue very simply. If not, you may have to raise a formal grievance, and as a last resort take it to tribunal, depending on how long it's been going on and how much of a fight you're prepared to make.

However, just as a warning to you so you are armed...! They may genuinely not have hours for you. In which case, they may decide to make your role redundant. Assuming you've worked more than 2 years, you would be entitled to some statutory redundancy pay (and any company specific pay, but sounds like they probably don't have anything better than the minimum anyway!), but it won't be much - approx 2 weeks' wages, depending on your age.

Regardless of what happens, taking what you've said at face value, you are owed for the full 13 hours of every week you haven't been paid the full amount, and if your role were to be made redundant then they should pay you for the unworked hours, redundancy pay, and any outstanding holiday pay.

So just be aware that raising it might force them into making the role redundant, if they genuinely don't have the hours for you. It's also entirely possible that HR will be horrified by it, and not know that your manager has done this, and it will all be rectified easily.

Best of luck.
KiKi

scheming_gypsy

Not sure if it matters but are you salaried or paid hourly? if you're paid hourly then they could possibly argue that you're getting paid for the time you work.. If your contract says something along the lines of 'you will be expected to work 13 hours a week and paid £xxxx per annum' then i'd presume like Kiki says, it's a breach of contract.

KiKi

Not sure if it matters but are you salaried or paid hourly? if you're paid hourly then they could possibly argue that you're getting paid for the time you work..

Well, they are definitely only paying her for the hours she's worked! But even so, she's contracted to 13 hours a week, so regardless of how she's paid, they should pay her contractual amount. It could all just be a misunderstanding, but the fact that the shop has closed doesn't bode well...

OP, did they undertake any consultation with you before changing this, and did that consultation include any discussion on your hours?

KiKi

getmore4less

Check for variable hours clauses in the contract

or the right to lay offs

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/index.htm

SarEl

getmore4less wrote: »

Check for variable hours clauses in the contract

or the right to lay offs

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/index.htm

Yes, and to add - how long have you been doing this "floating" and did you object to doing it? Because there is a very good chance that you may be deemed to have agreed to a variation in contract (which does not have to be done in writing) by virtue of the fact that you have been doing to job.