Does my employer HAVE to increase my contract?

Takeaway_Addict

amiehall wrote: »

http://www.acas.org.uk/media/pdf/7/o/Holidays-and-holiday-pay.pdf

If you remember the story from the summer regarding John Lewis employees being underpaid holiday, it was due to them paying based on contracted hours rather than average hours worked.

That was slightly different in that they weren't being paid a sunday rate when on holiday as far as I understood (tbh I didn't look into it to much).

The link you provided (page 7) says overtime 'can' be included but not 'must' be included.

paddedjohn

ihatemyhouse wrote: »

wait till they start issuing 0 contracts, then there will be probs

Zero hour contracts actually gaurantee you better holidays, you accrue holiday for every hour worked so if you actually work 30 hours a week then that's what your holiday will be based on rather than the zero hours.

j1992

It all seems very confusing as the company I work for seem to be doing everything at the bare minimum because they can get away with it.

I want to have a meeting with my regional manager to discuss it but I want to know what I'm talking about so she doesn't overshadow me so I'm definitely going to read the ACAS link. Thank you.

Most of my colleagues are on 4-8 hour contracts so they make it out like I have a good deal. I knew I would be on a low contract, but my manager did promise me 22.5 hours at least, but now they're not here so I'm going to have to fight my corner. I put a lot into the company and I'm clearly overworking myself for minimum pay, but I have outgoings of £1300 a month not including food so I need the hours. They act like they're doing me a favour by giving me more hours because they know I'd do 7 days a week if they asked because I'm desperately trying to save for a mortgage deposit - but I've kind of had enough.

Maybe I should look into a different job. Maybe one where I don't just have the one day off over Christmas.

j1992

In addition to this, do I have any rights to demand a higher contract in general and not just for holidays? It would look much better when applying for a mortgage as when asked for my annual income, I can only give my guaranteed income (15 hours) which will definitely be rejected.

amiehall

Takeaway_Addict wrote: »

That was slightly different in that they weren't being paid a sunday rate when on holiday as far as I understood (tbh I didn't look into it to much).

The link you provided (page 7) says overtime 'can' be included but not 'must' be included.

That is for employees with a set weekly work pattern. The OP clearly works shifts as per a rota that can vary week on week rather than having a set pattern. I don't really think it's reasonable to even classify this as "overtime" in the classic sense. The section for rota workers is surely applicable.

amiehall

j1992 wrote: »

In addition to this, do I have any rights to demand a higher contract in general and not just for holidays? It would look much better when applying for a mortgage as when asked for my annual income, I can only give my guaranteed income (15 hours) which will definitely be rejected.

No, you have no rights to demand a higher contract. As I said before, it seems like you're being taken advantage of. I would be looking for alternative full-time work as a company that won't give hard working employees a full-time contract or pay holiday fairly is never going to win employer of the year....

j1992

Thank you everyone for your advice. I'm fully aware they are taking advantage. I'm still going to speak to my regional manager, and explain that I'm not happy. If I get nowhere, then I guess it will be time to look elsewhere. I'm not expecting a lot to be honest!

Thanks everyone!

Tiddlywinks

j1992 wrote: »

She asked our regional manager if my contract could be increased, (she's lucky I'm not asking for a pay rise seeing as I'm doing managers work on a sales assistant pay). However, she said she won't increase my contract.

Hmm, interesting turn of phrase. You do understand that you are an employee don't you?

j1992 wrote: »

It all seems very confusing as the company I work for seem to be doing everything at the bare minimum because they can get away with it.

I want to have a meeting with my regional manager to discuss it but I want to know what I'm talking about so she doesn't overshadow me so I'm definitely going to read the ACAS link. Thank you.

As long as the 'bare minimum' is the legal requirement then your employer is doing nothing wrong.

j1992 wrote: »

Maybe I should look into a different job. Maybe one where I don't just have the one day off over Christmas.

When you work in retail, working over the festive period is almost a given... as it is in a number of other areas.

What did you think would happen over Christmas?

j1992 wrote: »

In addition to this, do I have any rights to demand a higher contract in general and not just for holidays? It would look much better when applying for a mortgage as when asked for my annual income, I can only give my guaranteed income (15 hours) which will definitely be rejected.

Why 'demand'? Why not ask politely?

j1992

Tiddlywinks wrote: »

Hmm, interesting turn of phrase. You do understand that you are an employee don't you?

As long as the 'bare minimum' is the legal requirement then your employer is doing nothing wrong.

When you work in retail, working over the festive period is almost a given... as it is in a number of other areas.

What did you think would happen over Christmas?

Why 'demand'? Why not ask politely?

- I'm aware I'm an employee, but my job description is sales assistant, not manger. Yet I am now covering for the manager without being asked if I'm okay with it. No phone calls to see if I'm struggling etc. Considering I've been with the company a year, I thought they would be concerned that I'm doing it right? I've had no managerial training.

- Again, bare minimum is okay for being a sales assistant. But since this all happened, I've been working over 40 hours a week, staying hours after I'm meant to and having all the stress of being a manager without the pay, or a higher contract. I'm not even asking for more pay, just a higher contract.

- I'm aware of how Christmas works in retail. I've been in retail for 4 years and I've worked every Christmas. Again, I'm happy to work over Christmas, but we all have family to see, and I can't even make one plan to see anyone as the rota is constantly changing and I don't know whether I'm coming or going. I enjoy working over Christmas, I'd just expect a little bit back from everything I'm putting into the company.

When I say 'demand', I meant in the way that it is my right to have a higher contract legally. I've since learned that to be honest, I'm pretty much stuck in this situation, and like I mentioned before, I'm going to have a chat with my regional manager, and not demand anything, but simply state how I feel about the situation I'm in.

Thank you for your comments. xx