Change of contracted hours

zebramolli

I started a new job on the 9th of May, at my previous job (which I finished on the 8th of May) I'd been working 24 hours a week at minimum wage. My new job was offered at 16 hours a week night shift, so the night shift hourly premium meant I wasn't taking a loss money wise.

So everything is going well, my first week review was positive and the job was enjoyable and fitting in well with family life. On Saturday night I had my second week review and my manager stated that HR had told him they'd made an error with the job offer I should only have been offered a 12 hour contract and I needed to sign a letter confirming I accepted the change. I asked him what happens if I don't and he said they will terminate your employment as I'm in my probationary period.

I've signed as I can't afford to have no job but I'm very unhappy with the change, I started the application process at the start of April so they've had a month before I started to work out what positions were on offer. I explained to my manager that I had resigned from my previous job based on the contract offered and that to change it 2 weeks in or be forced to leave was unfair. He agreed and has said he will try to find me extra hours in other departments but the fact remains I am only guaranteed that 12 hours every week.

I work for one of the big four supermarkets, I had the position confirmed to me repeatedly during the application process and my offer letter states days and hours I'm on the rota for. Do I have any come back or should I just suck it up and carry on? My husband has said don't cause a fuss and draw attention to yourself this early into my employment as I'll just end up with my card marked, I'm inclined to agree I'm just bloody annoyed :mad:

scootw1

Wouldn't they have to abide by the original contract as they signed it as well? I'd check with cab.

caeler

Unfortunate but mistakes happen and as has already been said, it could be breach of contract but the most you'd get is notice paid which presumably is a week due to only recently starting the job? I'm lead to believe retail like lots of small hour contracts because it gives them flexibility.

Perhaps give it a bit longer, settle in and once you've got to know the way things work you may be able to pick up some overtime?

Out of interest, did you get rostered for 16 or 12 hours during your first week? Do others work 16 hours? You might get the chance to switch once you've completed training?

Alternatively enquiries about the mix up of hours can, if handled well come across politely and not get your card marked as it were. Good luck.

scootw1

At the end of the day, though, getting someone's hours right is not rocket science so they should at least have got that right. I think their employer should abide by the contracted hours at least for the time being if only to give the op a chance to find something else as, at the end of the day, they knew the employee was taking the job on on the basis of these hours. I know the law probably says they don't have to but whatever happened to goodwill. And like caeler said it may be breach of contract.

moneyistooshorttomention

Obviously the thought arises as to whether they knew that the stated number of hours would mean the money matching what OP was paid previously and deliberately decided "We'll poach OP from her old job first and then cut her hours down to what we knew very well we wanted them to be in the first place".

It could just be sheer incompetence on their part, but I would personally wonder if they had done that deliberately just to "get me in the door" and had never meant to give me the full hours in the first place.

zzzLazyDaisy

OP what happened is unfortunate, but basically they can do what they like and you don't have a leg to stand on.

Why?

Because since the change in the law last year, the employer can terminate your contract for any reason or no reason at all, within the first two years (less one week). All they are required to do is to give you the notice stipulated in your contract. If this is statutory notice, then there is no notice requirement at all within the first month, and then one week's notice for the first two years.

But in any case, you have signed now to say you have accepted the change. Even if you hadn't signed, by simply continuing to work under the new contract means you are deemed to have accepted the change by your conduct.

So, in simple terms, they were perfectly within their rights to inform you that if you do not agree to the change then they will terminate your employment.

Yes, if is very unfair.... but not in the legal sense of 'unfair'.

zebramolli

caeler wrote: »

Out of interest, did you get rostered for 16 or 12 hours during your first week? Do others work 16 hours? You might get the chance to switch once you've completed training

Yes I have been working my 16 hours (4 shifts) for the first two weeks. I don't work on the shop floor I work in one of the staff areas, there is a lady who also works there and does 4 nights as well. One day cross over between us where the other lady goes to work on the shop floor as the area I work in only requires a single member of staff.

scootw1 wrote: »

At the end of the day, though, getting someone's hours right is not rocket science so they should at least have got that right.

Well this was my thinking, there are only two people on my particular rota including myself. If they only ever wanted someone to cover the remaining three nights surely they would know it was only going to be a 12 hour contract.

moneyistooshorttomention wrote: »

It could just be sheer incompetence on their part, but I would personally wonder if they had done that deliberately just to "get me in the door" and had never meant to give me the full hours in the first place.

I already have two qualifications that would normally be obtained through on the job training, I do wonder if they saw an opportunity to fill a position quickly and at low cost to themselves.

zzzLazyDaisy wrote: »

OP what happened is unfortunate, but basically they can do what they like and you don't have a leg to stand on.

Thank you, I had a feeling I wouldn't have any come back on it.

I'll stick with it, it was always my intention to look into gaining more on the job training anyway and be able to work in various departments. My manager wants to sit down with me tomorrow night to discuss options which is fine, I can't complain he has been lovely about the whole thing.

Savvy_Sue

One point, if they do offer you more hours on a casual basis and it then becomes more regular, try to get your contract amended - atm you'll only be paid for 12 hours when you take a week's leave as the rest is overtime and not contractual ...

zebramolli

Savvy_Sue wrote: »

One point, if they do offer you more hours on a casual basis and it then becomes more regular, try to get your contract amended - atm you'll only be paid for 12 hours when you take a week's leave as the rest is overtime and not contractual ...

Thanks Savvy_Sue I hadn't even thought about the impact it would have on my holidays