Shift work and contract hours

tubie22

Hello!

I have just started working for Clinton's (formerly Clinton Cards). This is my 3rd week in the job.

My contract, the job that was advertised and I applied for, is a 16hour per week contract, which is perfect for me as I am currently searching for volunteer opportunities to aid a university application for midwifery. I really need all the experience i can get, as midwifery is very competitive.

Anyway, what I wanted to know is, do i have a right to ask only for my contract hours, my 16 hours per week. On my first day, the assist manager told me I would most likely be getting 4 x4 hr shifts a week, which is exactly what I wanted. However, I have been rota-ed in to do almost 30 hours per week. I mentioned to the managers that I would really prefer to do my contract hours only as I am volunteering for a uni application and they said 'No. You are expected to do overtime and you are expected to take the shifts we give you.'

I know they are probably right in saying so, but I just wanted to know if I had any right (right term?) in asking for just my contract hours; many other workers in the store are 8 hour contracts and get 8 hours, 16 hour contract and gets 16hours etc. So why can they not oblige me, I have a valid reason. I have told them if they ask me can I do certain overtime and I have no volunteering planned, then of course I would take it. I just dont want them to assume I have no other life outside of work and to pencil me in for whatever shifts they want with no notice and expect me to work them when they are well above the contract hours, the job that was advertised and the job I applied for.

Any help would be great.

Thanks

Osarkon

As far as i was aware overtime is optional?

I don't think they can force you to work beyond your contracted hours.

tubie22

That's what my mum told me. It does say in my contract that at peak times I am expected to be flexible, which is fine. If they ask me to do overtime and I can do it, I will.

But when I asked them could I please just do my contract hours they bluntly said no, i'm expected to do overtime. Even though there are a number of staff members there who do no overtime at all.

I think it might be a case of 'take advantage of the new start'. It's happened to me before in other jobs. I really don't want it happening again, especially as volunteering has to be my priority now, as it will help me get into uni to do what I really want to do. I cant let a part time job stop my chances of getting into uni because I dont have enough experience.

cowsnhope

Hiya
According to the Direct Gov website you only have to work over your contracted hours if your contract says you must. So it seems to depend on what your contract actually says.

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10028439

cowsnhope

Sorry - was writing when you posted your latest. Maybe check the actual wording of your contract, hopefully it doesn't just say that you need to be flexible as that seems a bit vague - although it wouldn't surprise me.

tubie22

cowsnhope wrote: »

Hiya
According to the Direct Gov website you only have to work over your contracted hours if your contract says you must. So it seems to depend on what your contract actually says.

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10028439

yes, it says in my contract I must be flexible, which I can be when asked. But it says nothing about HAVING to work overtime. The only think it says about overtime is that it is paid at basic rate up to 39 hours and anything over that is at time and a third. That's it.

To be honest, I've already had quite a lot of problems and complaints about the job and I generally really dislike it. It makes me feel utterly miserable, the staff are condescending, the customers are the rudest I have ever come across (I have worked in retail before and the customers were normal - pleasant). It makes me feel like I am completely wasting my life, the one life I get.

I have applied for a few jobs that seem a lot more suitable but, to be honest, I really just want to call up and say sorry but I won't be coming back, I can't do the hours you give me. The notice period is only 1 day so I could work it fine if they really needed me to.

Really detest everything about it. Never felt like this about a job before. I know no one is meant to love their job, and I never have loved a job. But I especially hate this one.

tubie22

cowsnhope wrote: »

Sorry - was writing when you posted your latest. Maybe check the actual wording of your contract, hopefully it doesn't just say that you need to be flexible as that seems a bit vague - although it wouldn't surprise me.

exact wording is 'your normal hours of work will be 16 hours per week. your working pattern will be advised by your managers, including saturdays and sundays. when required, especially at peak seasonal periods, you will be expected to be flexible to ensure we maintain excellent customer service at all times.'

overtime- 'any authorised overtime is paid at time and third in excess to 39 hours per week.

That's all it says.

cowsnhope

I'm afraid then it looks to me that they've got themselves covered and can make you work so long as they don't go over the average of 48 hours a week which seems to be the legal limit; also with Christmas coming up I'm guessing that they'll keep making you do it. Basically it seems to be a win win situation for them and your needs do not matter a bit. Its not right in my mind but it does seem to be how things are.

ohreally

Inform them you can be flexible within your agreed 16hrs.

If they have a business need for you to be on-site for 30hrs, they should have recruited for that level - they are trying to be fly by having you at their beck and call with all the flexibility coming from the employee without commitment from the employer.

They will likely calculate your holiday entitlement based around 16hrs.

cowsnhope

I seem to keep missing your posts. I'm sorry that you are hating your job so much, I've been there and know what its like. If you can afford to leave then do - it really is not worth it.

tubie22

cowsnhope wrote: »

I'm afraid then it looks to me that they've got themselves covered and can make you work so long as they don't go over the average of 48 hours a week which seems to be the legal limit; also with Christmas coming up I'm guessing that they'll keep making you do it. Basically it seems to be a win win situation for them and your needs do not matter a bit. Its not right in my mind but it does seem to be how things are.

I sort of already knew that to be honest, I just didn't want to admit it. Just annoying that other people get just their contract hours during Halloween, Xmas etc and I've been there 3 weeks and seem to be getting all the hours no one wants. I don't really think it's fair (in a non teenage, stamping the foot way). Really do just feel like quitting at the end of the month after I get paid and just looking for something else. It costs me £100 a month to travel to the place and I bloody hate it. The people I work with are ok but seem to just like to talk to each other and not me, which I don't overly care about to be honest.

The job makes me feel like crap. No job has ever made me feel like this. I know I should wait until I have another job before I leave but i don;t know if I can last that long without exploding at some ignorant customer who refuses to put you money for their purchase in my out-stretched hand but rather on the counter, all in 2p's. and Then telling me to 'hurry the hell up, for god sake' when I am packing their cards and gifts into a carrier bag at the normal speed rate for packing bags. It really is destroying my soul. and I don't even believe in souls. But mine is destroyed.