Can my employer send me home early without full pay?

asimplebartender

I have a 15hr/week contract at a bar though frequently work in excess of that (at my agreement) and I sometimes get sent home early from shifts (but still meet my minimum contracted hours). Am I still entitled to be paid for the full length of my rostered shift? (I am in Scotland).
The company is a registered charity also if that changes anything.

Savvy_Sue

What does your contract say, precisely?

asimplebartender

" Guaranteed average hour contracts specify the number of hours that will be offered and expected to be worked over the course of each term. Actual hours worked can vary from week to week, so the hours are calculated as an average over the course of each term....You will only be entitled to be paid the balance of any unworked hours at the end of the term if the company has failed to offer you the guaranteed average hours over the course of the term. This is not determined by the number of hours you have actually worked or been offered by the company."

It doesn't fully make sense to me sadly. Sorry if it's obviously in there somewhere.

Donhilton

If they give you 15hrs a week. They don't need to pay you anything and ask you to leave after 15hours .

Donhilton

Must have been drunk when they made contract.

Actual hours worked can vary from week to week, so the hours are calculated as an average over the course of each term....

Vs

You will only be entitled to be paid the balance of any unworked hours at the end of the term if the company has failed to offer you the guaranteed average hours over the course of the term

Vs

This is not determined by the number of hours you have actually worked or been offered by the company

Could mean anything

getmore4less

asimplebartender wrote: »

" Guaranteed average hour contracts specify the number of hours that will be offered and expected to be worked over the course of each term.

That says they can average your hours over the term
where is term defined?


Actual hours worked can vary from week to week,

that says they can vary the hours each week

so the hours are calculated as an average over the course of each term....

that says they add up the hours for the term and average.


You will only be entitled to be paid the balance of any unworked hours at the end of the term if the company has failed to offer you the guaranteed average hours over the course of the term.

that says if they don't give you enough hours during the term any shortfall will be paid at the end

This is not determined by the number of hours you have actually worked or been offered by the company."

That last bit is a problem as it previously said it is what was based on hours worked.

It doesn't fully make sense to me sadly. Sorry if it's obviously in there somewhere.

The intent there is to give a number of hours for the term(however that is defined) and if you don't get to that number of hours you get paid for the shortfall.

There is no requirement to have a minimum for any other period(eg. day, week, month) it could be zero.

That does not cover the actual question

Am I still entitled to be paid for the full length of my rostered shift?

Any other clauses covering when you are required to work or not to work.


As an aside how is holiday accrual and pay calculated?

prowla

It seems to me to be saying that the average hours per week over the term of the contract must be at least 15; therefore if you work 45 hours one week, they could say don't come in for the next fortnight.