contracted hours not being met

duncanf

I hope somebody can advise me, I've worked the same job for over ten years on a rolling 3 on 3 off rota that has 5 months at 12hrs per shift(summer hours) and 7 months at 9hrs per shift(winter hours).
I was told when i started that that was my contracted hours, but recently i learned that i had a 42 hours a week fixed contract. I'm a union member so i contacted the union line and they told me that because i had worked the contract for so long i had accepted the hours by default!?.

Most months during the winter i am 30+ hours down, i know the laws are stacked against the employee but i feel they have conned me out of thousands over the years.

Comms69

Indeed if you have worked without protest for a significant period of time it is deemed to be an accepted change of contract. Sorry

KatrinaWaves

My maths is failing me, how many hours down overall are you?

Does the extra hours in Summer not cover the lower hours in Winter?

ReadingTim

If the union can't help, what assistance do you think random strangers on the internet can offer?

But if you feel so strongly about it, why are you still working for them?

duncanf

Comms69 wrote: »

Indeed if you have worked without protest for a significant period of time it is deemed to be an accepted change of contract. Sorry

i was hoping union line had given me the wrong advice but yeah that's what they said.

thanks

duncanf

ReadingTim wrote: »

If the union can't help, what assistance do you think random strangers on the internet can offer?

But if you feel so strongly about it, why are you still working for them?

there are no current union reps and union line seemed to just fob me off in a few minutes and hopefully a "random stranger" might have more knowledge than myself, but hey why have forums :rotfl:

i am annoyed but more at myself for not picking up on it earlier. but its still a good job regardless.

duncanf

KatrinaWaves wrote: »

My maths is failing me, how many hours down overall are you?

Does the extra hours in Summer not cover the lower hours in Winter?

it varies month to month but tbh i never thought of it that way, the extra 6 hours a week in the summer hours probably does offset it a good bit.

Masomnia

I guess it depends on what the actual issue is here. If they offered you a certain salary for those hours and you've been paid what you were promised anyway then aren't you up on the deal? Or if you had worked the extra hours would you have been paid more?

What happens in practice is usually the most important thing, and if you've been working a certain shift pattern for years for a certain salary then that's your contract so I'd agree with the union unfortunately.

If you want more hours then there's nothing stopping you asking for them.

Takeaway_Addict

duncanf wrote: »

it varies month to month but tbh i never thought of it that way, the extra 6 hours a week in the summer hours probably does offset it a good bit.

You seriously hadn't thought that you were probably gaining for 7 months?


Give me strength

eamon

Annualised hours are relatively common i.e. more working hours in summer less in winter.

Probably the best way for an employer to manage this is to pay an equal amount every month thus it equals out over the year. I'm not sure if minimum wage regulations would have any bearing on this.

skint_chick

42 hours a week for a year is 2,184hours if you were doing a fixed 42 hour week every week

With 3 on 3 off you're doing 182 shifts a year (365 days/2) 42% (5 of 12 months) are 12 hours long 58% (7 of 12 months) are 9 hours long

so 182 x 42% = 76.44 x 12 hours = 917.48 hours
then 182 x 58% = 105.56 x 9 hours = 950.04 hours

1867.5 hours total a year so you're losing 316hours a year so if you're paid hourly then that's a lot of money. If you're paid a salary then I would keep quiet and never mention it again!