Can i get a second opinion on this please..

SUESMITH_2

have you thought about joining a union? they will come into meetings with you, give you legal protection and be able to advise you about employment law.i'm a member of unison and although i moan that sometimes they do nothing they have negotiated a better pension rate for us (im term time only as well).

lill

yeah iv already decided to allow him to do all the talking, the only thing im going to ask is when it was decided that i would remain on a part time contract and become a floater, and if its anything that ive done to make them come to this decision. I think i also have to point out that I need fixed hours so that i can make child care arrangements, so my being cover is out of the question.

LittleVoice

lill wrote: »

Even if they were to give me extra hours during term time my salary would be lower than the other guys because his would be calculated at 37.5 pro hours rata over the year, but mine would be calculated at 16 pro rata then additional hours paid at the end of that month, which would mean that for 13 weeks of the year I would be paid for 16 hours pro rata, but the other guy would be paid for 37.5 pro rata.

which means that the difference in salary from my old wage to this will have taken a massive drop rather than the small drop that i was allowing for

I'm sorry that I really don't understand this and must be missing something which you others can see.

If wages are paid "pro rata" the hourly rate is surely the same - given that part-time staff cannot be treated less favourably than full-time staff.

Surely holiday pay would be related to actual hours worked. What else could be affected?

lill

Hi sue yes I have Im still trying to think which would be most appropriate

lill

LittleVoice wrote: »

I'm sorry that I really don't understand this and must be missing something which you others can see.

If wages are paid "pro rata" the hourly rate is surely the same - given that part-time staff cannot be treated less favourably than full-time staff.

if my contract is 16 hour pro rata my salary is £5500
the other guy is already contracted for 4 days so his contract states his salary is £11,000 something

if i work 37.5 hours for one month my wage would be, my salary pro rata for that month + the additional 21.5 hours as additional hours, not overtime as overtime is only calculated after 37.5 hours.

As I work term time only there are 13 weeks of the year where i will be paid my basic salary of 16 hours pro rata 1/12 of 5500, yet the other guy gets 32 hours pro rata ( because he works 4 days) which is 1/12 of 11,000 something.

so far he has worked 12 days and i have worked 10 days, yet now we are both on leave as we work term time, he is being paid 1/12 of 11,000 something and im being paid 1/12 of 5500

At the moment we are both part time as he is doing 4 days and im doing 2

CFC

He has more contracted hours. You have less. You accepted the contract that was offered to you, and so did he. Quite straightforward, of course he is paid more than you are. I'm not sure why you think that is unfair. You don't have to work extra hours if you don't want to, unless compulsoury overtime is mentioned in your contract. The point you are concerned about in terms of accepting working practices is not relevant to your problem. What is in your contract is the only issue that is relative.

I suggest you formally apply for the jobs you have seen advertised as full time term time. Put your application in in writing to the address given (unless you are supposed to apply through your line manager).

It is never wise to rely on anything in relation to hours or pay that is not written into your contract. Business needs change, you may not be deemed to be as suitable as another person, whatever - always get it in writing before accepting a role if it is important to you.

lill

I accepted the offer of 'your hours will be increased to full time', not 'you will be kept on 16 hours but i want to be able to give you extra hours when i feel like it and then put you back down to 16',


he wants to give me the extra hours, but not change my contract to reflect the extra hours.
he is happy however to give the other guy extra hours on his contract.

so even if myself and the guy who applied and accepted the same job on the same wage scale come to work and get glued together at the hip and do every move together, for 13 weeks of the year the guy will be paid double my salary as his contracted hours are double mine.
I could even end up doing 5 days to his 4 and still over a year be earning less because my base rate is calculated at 16 hours.

I was under the impression that everyone is "entitled to receive equal pay and conditions to someone of the opposite sex who is doing the same or broadly similar work as you"

dmg24

I was under the impression that everyone is "entitled to receive equal pay and conditions to someone of the opposite sex who is doing the same or broadly similar work as you"

Hi lill,

Have you actually managed to get some sleep?!!

Your above quote is correct, however it is not relevant to your situation. As CFC said (although they could have phrased it better), your contracts are for a different amount of hours. I am assuming that (if neither of you did any overtime) if you broke your salaries down to an hourly rate, it would be the same.

If you genuinely think that you have been discriminated against for reason of sex/ age/ colour/ disability etc, then that is a whole other matter (and that is what your quote is referring to). But do you really think this is the case? x

lill

dmg24 wrote: »

if you broke your salaries down to an hourly rate, it would be the same.

it is not the same, i have seen the other persons contract, his says £11,000
mine says £5,050 so when neither of us are working ie. 13 weeks just over a 1/4 of a year a time when neither of us are able to work overtime extra shifts etc. HE is paid 1/12 of 11,000 per month and I am paid 1/12 of 5,050 a month.

I don't believe it is intentional sexual discrimination, there are actually two issues here

1.they are trying to make me work full time hours for the time im available for work but only pay me for part time hours for the time that im not at work - which is not full time as they have promised on several occasions

(remember this only came to light when he was arranging for me to work an extra day in sept. the contracts he was giving me are long standing contracts not new ones and i mentioned that as the contracts had to go back it would be good to inform HR now that he was giving me an extra day so they would not have to change the contract again in sept

that's the only reason i found out about his plan to keep me as cover for holidays, sickness etc. otherwise I would have just accepted the extra day and been none the wiser)
2. they have change given the guy better terms and conditions at start up ie. he has a contract to pay him for 4 days while he does not work but I have a contract to pay me for 2 days while im not at work
even if we work the same hours every day during term time.


I actually slept a lot better last night than I did the night before thank you

lill

when we get paid this month, i will have worked 10 days the other guy will have worked 12 days, he will be paid 1/12 of 11,000 I will be paid 1/12 of 5,050 that is not the same hourly rate.

next month neither of us will work any days, the wages that goes in to his bank will be 1/12 of 11,000 mine will be 1/12 of 5,050