Changes to contracted hours.

Anselm

Hi all,
I work for a department store and when I was employed around 3 years ago, I was contracted to 4 hours work minimum a week with overtime.

Fast forward to a few weeks ago and the new manager of the store told me that she's changed my contracted hours to 8 from 4 with the reasoning "because the business doesn't like 4 hour contracts".

Now, increased hours is no bad thing but I want to do contracted hours only (4 or 8) because of university.

I want to know: Do I need a new contract of employment with the updated contracted hours to which I sign? Can they just up my minimum hours?

And also, can I opt out working out on sunday if I'm part time?

And finally, if I get a new contract which I have to sign, can I counter offer and ask them to put me in for 8 hours on a saturday so 12-9 with an hours break, rather it be 2x4 hours on different days?

Thanks for taking the time to read.

KiKi

Anselm wrote: »

I want to know: Do I need a new contract of employment with the updated contracted hours to which I sign? Can they just up my minimum hours?

In practice, they can just give you more hours.

However. In this case, yes you should insist on a new contract. The reason? Because you've done 4 hours PLUS overtime in the past. If you change to 8 with no written evidence, they could claim in future that the additional 4 hours are just overtime, therefore not subject to AL accumulation or pension contributions etc, and take you back down to 4 at any point of their choosing and you'll have to find a way of proving them otherwise.

And also, can I opt out working out on sunday if I'm part time?

I don't know, sorry.

And finally, if I get a new contract which I have to sign, can I counter offer and ask them to put me in for 8 hours on a saturday so 12-9 with an hours break, rather it be 2x4 hours on different days?

You can negotiate all you like, but ultimately they need you to fit business requirements, so you might not get it. And personally I'd have the conversation before they present you with a contract, rather than waiting until they've figured out the new rosters / ways of working!

I would imagine that there will be a clause in the contract requiring you to have some flexibility anyway, so bear that in mind.

HTH
KiKi

Anselm

Thank you very much for taking the time to reply Kiki, much appreciated.

As an aside, if I don't accept the new contract and keep with the old, can they get rid of me? I think I'd still be flexible on 4 hours (if there is a flexibility term in the contract) as thus far, no one has raised the point of me being inflexible.
(I'm just wondering out loud on this one, obviously I want to keep my job)

guardianangel

Contract - You do not need a new contract because if you did your terms and conditions will change and this could mean you end up with less favourable contract. Contracts now aren't as generous as they used to be, eg sickpay has reduced. All you need is a letter confirming an increase in hours effective from etc. your terms and conditions will remind the same, as in your holiday will be prorata as per your contract based only your length of services.

Sunday working - you can opt out and you need to give three months notice by writing to your HR department. This may not happen but want you to be aware, if you opt out of Sunday working then the company does not have to make up the hours. So say for example you work 20 hours a week and you opt out of Sunday working for 6 hours. The company could either move your 20 hours to other days you can work or since you opted out, they will only, give you a 14 hour contract. This does not get ally happen but like I said they have the right to do that. The other thing is if you have never worked a Sunday they can not force you to. If you work a set pattern and they wish for you to change this they need to consult with you to enforce the change, I would also be looking at whether there are other staff who can work the Sundays you can't.

Contract hours - yes you can negotiate the hours and pattern but if they've asked you to work a certain pattern it could be because they need someone then but it's worth asking if it's easier for you.

Signing the contract - you don't have to sign the contract to accept the change, the fact that you have worked it the tribunal will see that you have accepted the change in hours and pattern.

One more thing, hope you don't mind me asking, do you have children?