money taken off me new job

jpbeautybabe

Hi I'm in need of a bit of advise. I started a carer job 7 weeks ago and I'm on probation. I work 17 hrs a week but get paid for 25 hrs as I'm on call throughout the night, well been told this evening I will only be paid for 17 hrs. This means I will be losing £72 a week which is a lot to lose. I wouldn't have applied for this job if I would have known this! The persons care plan is probably changing so that the service user needs sleepins therefore not needing me to be on call. I haven't had an written contract just verbal, can the service user do this?
Thanks.

LittleVoice

jpbeautybabe wrote: »

Hi I'm in need of a bit of advise. I started a carer job 7 weeks ago and I'm on probation. I work 17 hrs a week but get paid for 25 hrs as I'm on call throughout the night, well been told this evening I will only be paid for 17 hrs. This means I will be losing £72 a week which is a lot to lose. I wouldn't have applied for this job if I would have known this! The persons care plan is probably changing so that the service user needs sleepins therefore not needing me to be on call. I haven't had an written contract just verbal, can the service user do this?
Thanks.

You appear to be paid well above NMW. I wonder whether the rate paid for the 17 hours is meant to include an element for the on call aspect?

There is no requirement, AFAIK, for employers to pay for on call hours but only for hours actually worked. So if you are "called" you get paid for the hours arising from that. Have you been called in those 7 weeks?

Your employer is required to provide written particulars of your employment within two months of your start date. So you should receive that contractual information fairly soon.

jpbeautybabe

Yes I do get paid above the minimum wage that's why I applied. I get paid for 25 hrs even though i physically at work 17 hrs as I'm on call 4 nights a week. No I haven't been called out yet.

elsien

How many hours are you actually contracted for?
If it's 17 and the other hours have been over and above, then they are within their rights to only pay the 17.
If your contract is for 25 hours then they should be paying you that but you would then need to make up the extra 8 hours elsewhere if the on-calls are no longer needed.

jpbeautybabe

I'm contracted for 25 hrs.

agrinnall

jpbeautybabe wrote: »

I'm contracted for 25 hrs.

What you mean is that you were told it would be 25 hours, but if they deny having said it how will you prove it without anything in writing?

You need to decide whether the 17 hours is enough for you because I don't think you're going to get 25, and if you kick up too much of a fuss you could well find yourself with no job at all.

jpbeautybabe

I can prove I'm contracted for 25 hrs as even though the service user is my employer the payroll goes through a trust that the service user pays for their service. My starter form that's gone off to the trust states I do 25 hrs.

Southend1

If you are contracted for 25 hours they should pay this regardless whether they are able to provide 25 hours work. However that doesn't mean the contract can't be changed or ended. As you've not been there long they can sack you for pretty much any or no reason at all so you haven't got a very strong position. Have a chat with your Union rep if you are a member, see if they can help you or have any knowledge of previous similar cases.

elsien

If the service user is your employer and there are no hours for you to do elsewhere to make up any shortfall, then it looks like your choice may be to put up with the shortfall or leave. Realistically, they're probably not going to be in a position to pay you the extra without leaving themselves short to cover the sleep-ins. It's not like an organisation with a lot of service users where if one person loses hours, there may be new clients/hours you can take on instead.

getmore4less

Negotiate. until you have 2 years service that's just about the only option.

As you were on call and could be called out 4 nights anyway why not do some sleepins.

They will need more than one person to cover 7 days and cover holidays and sick anyway and they need cover for your holidays and sick.

How many are already providing services?