Custom and Practice

slightlyconfused1

Hi, hope someone can give me some advice.

My niece has been working in the public sector for about 10 months. Every week she has been under rostered by an hour or two but paid for her full contracted hours. About half the people in her team are in the same situation.

She has a new boss who has spotted this. A team meeting was called and the boss told them that starting from now they will have to work their full hours. She also said that she did not plan to claw the previous overpayment back (or was fighting for this - neice not quite sure)

One of the team is refusing to work the extra time saying that it is custom and practice that they work less than contracted hours but still get full pay. Neice is worried that if colleague causes a fuss then overpayment will be taken back.

I have looked at custom and practice but I don't think this situation fits as only certain people knew about it and it doesn't apply to everyone. The colleague has worked there about six years and niece has been told that management sorted shifts a couple of years ago but the boss at the time reverted back to the old roster for some reason.

Any advice to pass on to niece would be most welcome. I just can't get past the colleague's assertion that she she should be paid for hours she hasn't worked. Obviously niece has been there less than two years so her job is not that secure.

Laurajo_2

I would tell your neice just to keep her head down and not get involved.

As you say, she has less than two years experience so faces dismissal if she gets marked down as a 'trouble causer'.

I suspect that they will realise that claiming the overpayment back will cause a lot of strife, especially of they have said that they won't.

If the nieces colleague wants to put her neck on the line and risk getting her card marked for the sake of an extra hour or so a week that she's been contracted to do, that's her problem. Don't let her rope your neice in.

slightlyconfused1

That's what I thought.

My niece is very immature for her years and is easily swayed. The colleague uses official language and refers to contacting the union a lot. She is not bullying my niece but is quite intimidating I think.

I will just advise my niece to do as the manager tells her and to try and stay out of any trouble that is brewing over this.

marybelle01

slightlyconfused1 wrote: »

The colleague uses official language and refers to contacting the union a lot.

People who are in the union, do it, not bluster about doing it. I suspect she is attempting to wind up her colleagues until one who IS in the union contacts them. At which point I am fairly sure that the union will tell their members that this is not custom and practice. It is an error, and albeit a management error, one that has resulted in an overpayment which the employer could claw back if they wanted to.

slightlyconfused1

Thanks for the replies. I think you are right, she is trying to get others worked up. I just don't get it, albeit I am getting the story second hand, it seems like she is looking for trouble.

Nebulous2

I'd advise that she very much keeps out of this disagreement and is thankful for what she has got. It is easy to find yourself in a very strange position - sitting in a team meeting, where you have presented what you think is your colleagues position in your best assertive fashion, and slowly realise that no-one is going to back you. A bit like the Grand old Duke of York, having marched to the top of the hill and turning to look for your troops you find yourself in splendid isolation.

I may have been there in my younger days, but I have also seen it done to many others since!

ohreally

This issue is one for the local union branch to pick-up and resolve. Your neice or the other individual don't need to get involved in the situation on a personal level.

There will be appropriate channels to refer this to.

scooby088

I am afraid that the colleague should put up or shut up, as for your niece I would suggest that she doesn't get drawn into battles that could see her sacked. The colleague is probably playing it crafty and hoping that someone else has the bottle to make a stand. I have encountered loads of people like that in my working life and they are best left to be ignored.

Southend1

Your niece should take advice from her own union rep.

If it was me, I would be advising her that she has the option of raising a grievance, and that I could help her to do so, but that I think it would be highly unlikely to succeed and may do more harm than good in this case.

Nebulous2

Scrootum wrote: »

It's public sector, who cares how much money they are wasting?

There is always one, isn't there?

mountainofdebt

Scrootum wrote: »

It's public sector, who cares how much money they are wasting?

Well I do for one.

OP -tell your niece to keep her head down and don't get drawn into any discussions about this....hopefully if the union were contacted the official would tell them not to be so stupid and to thank their lucky stars the workers weren't being asked to either work or pay back the overpaid wages