Banked hours or Annualised contract?? help!

bettney

To anyone who wishes to help ill start by saying this is going to get very long winded.

right from the top...

I started work in 2015 on a 48 hour contract with 42 core hours and 4 banked hours. on an unworkable shift pattern. this was then put to vote by the department to change to either a 45 or 48 hour. a 42 core hour vote was put up and then removed and stated to us that it "was not an option"

the pattern was also put to vote between 4 on 4 off, nights and days. or 2 days 2 nights.

4 on 4 off won, along with the 45 hours ( containing 3 banked hours)
since then we have never received and written statement or any amendment's . along with any terms and conditions explaining the exact ins and outs of how we are to complete the banked hours, or when to do them including any disciplinary procedure.

the company has handed out many a piece of paperwork saying annualised hours, but does not accept this term as it was "a typo". the union and employer are in dispute because of this. it boils down to them owing an extra 2 holidays a year if it is indeed annualised.

most people have got their hours in by writing their name down on sheets but I refused to because the sheets are not managed correctly and cause confusion. with names put down on a first come first serve basis rather than being put out to tender. so I have followed the belief that when I am asked by whom ever within the department to attend I have done so, and have never refused a request.

to further this argument. I came into possession of a sheet headed annualised hours containing a outlay of rules (many other people were given this including union). on the second page it states the we have the choice to decide whether to use the sheets, or to be asked via our shift manager. or by a crew member requesting a holiday, by asking the relevant person i.e. electrician for an electrician.

this has not been the case.

also banked hours were originally to be used for sickness and holidays only, but this is not the case. they have been used for anything. I understand the needs of the business come first, but this has changes over the year however. they have been rescinded and then put back in place later. so you end up in a position with hours/shifts owed.

also a rule put in place was allowing people to write down 13 shifts ( the grand total per year) and then doing one say for that month on the 1st, and then on the 2nd doing overtime? before they have all been done. while other people still have remaining banked hours.

the company has also broken the law by allowing people after they asked senior management to book 4 shifts off and then work those days as banked? thus breaking the 60 hour rule, and the company gaining nothing from it in the process. when say 5 people had done this and a member of my crew asked, and was told no because management had realised what they had done.

now this leaves me along with the person stopped from coming in, after a few meetings being left with banked shifts not done from last year. with the company proposing (demanding) that we pay the entire sum back or do the shifts.

if we do not "voluntarily" work them or pay back the figure. we will be given two weeks notice, and then we will be put on a rota to complete these banked shifts "over and above" our standard 4 on 4 off pattern. with them finishing with "failure to work them will become a disciplinary issue"

I spoke to the chief engineer last year in September stating my concerns along with the stance that when I'm asked to come in I will do so. nothing came from this meeting and no effort was made by any senior management to get people behind with shifts in to do them.

there is a bit more to this but I think I've covered as much as I can so far.

any help would be greatly appreciated.