Been working wrong hours for 18 months, now what?!

ladyasmo

Hi All,

So 18 months ago I came back to work after maternity leave. I came back on part time hours. Myself and my line manager came up with my hours and these were then authorised by the head of HR.

The problem is, my contract etc states I work 26.5 hours a week, however it;s just been pointed out that I in fact work 28 hours a week (and have been since July 2011).

The HR team are saying that I cannot be back paid for this time as it wasn't agreed with them. They are also saying from today I need to amend my hours so that i only work 26.5.

The times I work were decided with my line manager and she then arranges for a contract to be drawn up. I believe she is at fault, as she recorded the wrong timings and told HR. Although i am aware I should have double checked the percentages.

Does anyone have any tips on where I stand with this? I have some form of paper trails, but the rest of the discussions regarding my hours were held in meetings. Thanks

ajdj

Are you salaried or paid by the hour?

If salaried then the very least I would expect is to be given the time back that you have effectively 'over worked' in holiday.

If paid by the hour then the change of hours will affect your income going forward and should be addressed.

Either way, you need to speak to your line manager for some reassurance and let her/him deal with HR.

Dunroamin

Can you do this as annualised hours and take extra days leave?

zzzLazyDaisy

You are in difficulties, I'm afraid.

The contract is your legal agreement with your employer. Whatever discussions might have taken place prior to you being issued with the contract are irrelevant. It is what is contained in the contract that matters. You were offered a contract which stated your working hours to be 26.5 hours a week, you accepted that contract and have continued to work under it. The fact that you work 20 mins a day over your contracted hours is irrelevant (and not unusual for salaried staff)

If HR are not willing to increase your contractual hours, then you are stuck with what you have.

The best you can do is to speak to your manager and see if you can negotiate some time off in lieu of the extra hours you have been working.

And next time, check your contract carefully.