Do they have a right to do this?

LisaB85

mrssweep wrote: »

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

Do you claim jobseekers as a part time worker?

Oldernotwiser

How are you managing to claim WTC when you're not doing enough hours?

KiKi

SarEl wrote: »

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.

Fair call, and a point I hadn't considered.

OP - certainly answer SarEl's question and take her view over mine, I was perhaps a little categoric last night!! Sorry.

KiKi

SarEl

It is always worth remembering that the common misconception that contracts are tablets of stone is indeed a misconception. No fault to you - lay people often fail to appreciate just how easy it is to vary a contract because they appear so "categoric". Unfortunately it is seldom true!

mrssweep

SarEl wrote: »

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.

I was given a new base shop even though I rarely actually have any hours there but didnt agree to a cut in hours of any kind. I couldnt afford to!

mrssweep

Oldernotwiser wrote: »

How are you managing to claim WTC when you're not doing enough hours?

I have a 3 hour cleaning job one evening a week that bumps me up to my 16.

mrssweep

The other thing thats bothering me is that there is another member of staff in the same position as me who is being given at least 15 hours a week. Im very confused by this as surely it would be just fairer to half the hours and give us both equal amounts. The more insulting thing is that this member of staff is very well known for her 'mistake making' while I have received some Supervisor training also. Im not trying to sound like Im better than anyone because Im not but she really seems a strange choice?!

SarEl

Forgive me but none of that answers the question I asked - how long have you been doing this floating thing? One week - several - months?

Their choices don't have to be fair - what matters is the contractual basis here and that is what I am trying to determine. Since the shop you worked in closed, what have you been doing and for how long?

mrssweep

SarEl wrote: »

Forgive me but none of that answers the question I asked - how long have you been doing this floating thing? One week - several - months?

Their choices don't have to be fair - what matters is the contractual basis here and that is what I am trying to determine. Since the shop you worked in closed, what have you been doing and for how long?

Apologies SarEl. The shop closed at the end of April so have been doing it since then. I have to chase the area manager up each week for any hours I do get. I started asking him for this weeks hours on Monday and he is still 'promising to get back to me'. My hours have ranged from 3 in one week to 12 in the highest week.So its been about 6 weeks in total.

SarEl

So it's six weeks and you haven't objected at all to your change in contracted hours. Borderline then - you should have objected straight away and you have been "voluntarily" working in this new contractual term for 6 weks without objecting. The employer is going to argue that you agreed it (by not objecting and working the hours given) and they may be able to argue it successfully. So the next question is - are you willing to loose your job over this - because you will have to submit a grievance based on the fact that the employer has varied your contract and is not providing the required 13 hours of work without your permission, and you want paying for the ballance of the contractual hours as per your contract. And I won't tell you that won't get you sacked, because it just might. But you have no choice - to stand a chance of a tribunal claim even, and it may be just a chance at this stage of the game, you will have to raise the issue formally with your employer and try to resolve it. If that is the way you want to go then we can help you do it - but it has to be your choice.

You could try a grievance based just on the fact that you want your contracted hours and forget about the money they technically ought to owe you, which is a little less confrontational, but no more gauanteed to succeed or to have a different outcome. It may work if they care enough about keeping you on the staff.