Employer not giving contracted hours

j-josie

Hi there. Wonder if someone could advise on how to deal with my DD's situation. She works in a club on a 30 hr per week contract ( written contract exists). But lately her boss took on an additional employee, a friend, and since then my DD has not been allocated her normal 30 hours. in fact this week she was just given one 6 hour shift! When DD has pointed out the shortfall boss just says she can't give her anymore and doesn't address the issue of the contracted hours.

She has had no notification of alteration of her contract; the boss (manager really as is a large chain with its own off site HR) seems to be acting on her own discretion/whim.
2 things: has she a right to payment for contracted hours of 30 pw even if she is not allocated shifts? And
Can she make any claim for benefits/ financial aid on the short paid weeks as she cannot feed herself/ pay the rent on these reduced hours.

DD wants to resolve amicably but the financial stress this is causing is starting to make her ill. She suffers from depression which employer is aware of. (But she works hard and manages her depression issues sensibly.) She is keeping a diary of hours which she will present to HR in due course.
But is manager within her rights to alter her hours week by week? And what would happen if the stress caused her to be signed off sick?

whitewing

I think she needs to get on the phone to HR first thing tomorrow. I definitely wouldn't sign off sick at this stage, because I would imagine she'd be better off being able to work her contracted hours.

She could phone ACAS for advice before she speaks to HR on

The Acas Helpline is the place to go for both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

Call the Helpline on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm

zzzLazyDaisy may be along at some point with more advice.

j-josie

Thanks Whitewing. Just wanted to say she has no intention of signing off sick, that was just me as a worried mother looking at worst case scenarios, health wise.
She loves her job and finds interaction with customers to be very good for her mental health. She takes on extra tasks and keeps busy but she doesn't suffer fools ( or authority figures) gladly so could have 'rubbed' the manager up the wrong way, tho' done nothing wrong work wise.

KiKi

j-josie wrote: »

2 things: has she a right to payment for contracted hours of 30 pw even if she is not allocated shifts?

Yes. It would be breach of contract not to pay her...assuming she is an employee (and not a temp through an agency, and not on a zero hours contract which doesn't sound like she is...but double check the wording!).

Can she make any claim for benefits/ financial aid on the short paid weeks as she cannot feed herself/ pay the rent on these reduced hours.

Not sure about this one, sorry.

She is keeping a diary of hours which she will present to HR in due course.

Good. How long has she worked there?

But is manager within her rights to alter her hours week by week? And what would happen if the stress caused her to be signed off sick?

The manager can choose to not give her the hours, but still has to pay her the 30 hours.

She should talk to HR immediately, in a polite and friendly way explaining the situation - which, of course, she realises must just be an error on the manager's part. HR should see sense. If they don't, she should put in a grievance citing non-payment for contracted hours which amounts to breach of contract. Obviously avoid going formal if you can!

Please be aware, if she started working there before April 6th this year she has protection against unfair dismissal after 12 months' service. If she started work after April 6th then she needs two years' for the same protection. If they do not like her complaining, and she doesn't have this protection, then they could dismiss her.

That won't stop her claiming breach of contract, of course, and asking for payment (including payment for her notice period if she is dismissed). But I'm just adding that she may not have a job at the end of it. However, given that they're not giving her hours at the moment anyway, that may be a moot point.

But she's right to try and solve it amicably - she should go to HR ASAP, don't wait. She doesn't need to build a bank of evidence on this. If she hasn't been paid, then she should be.

HTH
KiKi

j-josie

Thanks for that full reply Kiki.
She has been there at least 2 years and she says her contract specifies 30 hours per week.
She will try the 'friendly' approach to HR, citing manager may not be aware of terms of her contract as manager is newer than her (tho of course DD has told manager but we are taking the softly, softly approach )
She is actively looking for other work, but that's not easy these days, and she wants to hang on to this job for as long as she can (and the manager may not always be there:o)
I'll tell her she doesn't need to wait to build up further diary evidence. she already has quite a few weeks to quote at them already - a presumably a request for back pay!

j-josie

DD did not take issue to HR as tried to resolve with the manager. Hours went up a bit but still very variable and subject to whim of the boss.
DD asked for a specific day off to celebrate a special family event about 1 month ahead but was refused as manager 'knew' she would need her that day. Seemed a bit obstructive for the sake of it, given that other times she has been saying she didn't have enough hours to give her...
The feeling of bullying and the financial stress has ended up with DD harming herself to the extent of hospitalisation. When she rang work to say she would be off for a bit, she was told boss could not afford to give her sick leave. We told her to ignore that as if she has a certificate, am sure it is illegal for work to allow her to attend anyway. When she took cert in ( its for a fortnight initially) manager took it and walked off muttering about 'nutters' which DD less than happy about! (DD has diagnosis of Borderline Personality Disorder)
We are not sure what she will be paid, if anything, while she is off.
I assume she will be entitled to SSP.
Do you think she should just put the situation in writing to outside HR and let them deal,with it all. She says she wants to go back as she needs to earn a living and she does not want a life on benefits.
But this particular boss seems to be really adverse to her well being so I don't know what to advise. If she takes it to HR, I expect the fallout will be huge and her position will be untenable....
But the manager's behaviour should be challenged as it has been completely unacceptable.
I wish life was easier

paddedjohn

how much has she earned per week on average over the last 8 weeks?

j-josie

Not sure - will find out but shouldn't sick pay be based on her contracted hours, not the local variation wrongly being applied?
Contracted hours result in pay of £180 + pw
I am expecting this to be an area of fresh conflict in that manager may say she is not entitled to SSP due to low weekly earnings, but that argument is flawed, based on her contract.

sniggings

sounds to me the softly softly approach has not worked and will not work, calling her a nutter is totally out of order.

I'm afraid it's either leave or fight her corner, I would get straight onto HR and see if they are any better, if they are then it might be worth staying but if not too helpful then it is really not worth her staying there if her is that unwell and likely to harm herself again.

Some bosses these days are just scum, it might seem like walking away they have won but it really is not worth working in those type of conditions.

j-josie

Yes, that is the dilemma.
this situation would be difficult for any person to deal with but is especially hard for a vulnerable person.
Working is very important to my DD - she needs the stimulation and discipline that going out to work offers, so work would be a 'healthy' option for her normally - but this set of circumstances has taken DD's anxiety levels to a dangerous level and has directly resulted in her hurting herself. I don't want that to happen again.
But she has a strong sense of right & wrong, and her mental health disability is something she does not want to be discriminated or picked on because of it. She did not choose to have BPD. And as far as I am aware she engages with the customers, takes her work seriously, doesn't try to skive off, so she deserves to keep her place as an employee, and as a fully functioning member of society. (Shades of 'nobody puts my baby in the corner' here, lol)

sniggings

I get all that but working with someone who doesn't want you there is really not healthy for those without BPD, never mind with, I hope she is strong enough to fight but it seems it's only making it worse, get HR involved, if they do not want to know, then you are on a loosing battle, it is very hard to win these types of cases as the employer has all the power. You need HR on your side or not worth the heartache.

Good Luck.