Contracted hours

jacsll55

my daughter works as NSP at a care home on a 24 hrs pw contract. She had raised concerns to the management about her manager, since then the manager only rota her for 18hrs pw, whereas when the deputy manager does the rota she get 24hrs pw. 
She recently noticed few staff who are favourable to the manager get way above their weekly contracted hours, eg another NSP on 18 hrs contract has been doing 36 hrs last 2 weeks. 
What her rights as per the employment contract? She has been working for last 11 months for the care home, she will complete 12 months in May 2020.

couriervanman

Keep her head down if she want to keep her job

samkma

couriervanman said:

Keep her head down if she want to keep her job

Can someone who KNOWS about this reply, please. Thank you 

samkma

couriervanman said:

Keep her head down if she want to keep her job

Thank you for your arm chair expert/troll response!! Not required at this time, as she is risking it all to go and care for the elderly and vulnerable.

JReacher1

He’s right though. 

If she rocks the boat she may get dismissed. The options are to complain about her manager but that doesn’t appear to have worked out that well based on last time. 

I would have thought there is high demand for people in care homes. Maybe it is worth your daughter looking for another job?

General_Grant

jacsll55 said:

my daughter works as NSP at a care home on a 24 hrs pw contract. She had raised concerns to the management about her manager, since then the manager only rota her for 18hrs pw, whereas when the deputy manager does the rota she get 24hrs pw. 
She recently noticed few staff who are favourable to the manager get way above their weekly contracted hours, eg another NSP on 18 hrs contract has been doing 36 hrs last 2 weeks. 
What her rights as per the employment contract? She has been working for last 11 months for the care home, she will complete 12 months in May 2020.

Is she being paid for 24 hr/week?  Is it specified in her written terms that these are her hours for every week or can they average them over the year?

jacsll55

General_Grant said:

jacsll55 said:

my daughter works as NSP at a care home on a 24 hrs pw contract. She had raised concerns to the management about her manager, since then the manager only rota her for 18hrs pw, whereas when the deputy manager does the rota she get 24hrs pw. 
She recently noticed few staff who are favourable to the manager get way above their weekly contracted hours, eg another NSP on 18 hrs contract has been doing 36 hrs last 2 weeks. 
What her rights as per the employment contract? She has been working for last 11 months for the care home, she will complete 12 months in May 2020.

Is she being paid for 24 hr/week?  Is it specified in her written terms that these are her hours for every week or can they average them over the year?

Not paid for 24 hrs, but only for the hours worked.
Here's what her contract says
"Hours of work:      Your basic hours of work will be 24 hour per week contract"
No mention of average over the year.

couriervanman

Less than 2 years and they can easily get rid of her......either head down for another year or find another job in different care home,clearly raising concerns about her manager has ruffled a few feathers

jacsll55

JReacher1 said:

He’s right though. 

If she rocks the boat she may get dismissed. The options are to complain about her manager but that doesn’t appear to have worked out that well based on last time. 

I would have thought there is high demand for people in care homes. Maybe it is worth your daughter looking for another job?

Is it wrong to complain / report a bully to the management? 
Is it wrong for a young lady to stand up against some one who discriminates a few members of staff and favours a few who are her partying friends?
How will you feel if your 19 yr old daughter is being bullied at work on a constant basis?

Lomast

jacsll55 said:

JReacher1 said:

He’s right though. 

If she rocks the boat she may get dismissed. The options are to complain about her manager but that doesn’t appear to have worked out that well based on last time. 

I would have thought there is high demand for people in care homes. Maybe it is worth your daughter looking for another job?

Is it wrong to complain / report a bully to the management? 
Is it wrong for a young lady to stand up against some one who discriminates a few members of staff and favours a few who are her partying friends?
How will you feel if your 19 yr old daughter is being bullied at work on a constant basis?

Is it wrong, no of course it's not but in the real world winding up managers when you don't have the protection of 2 years service is a very dangerous game.

General_Grant

jacsll55 said:

General_Grant said:

jacsll55 said:

my daughter works as NSP at a care home on a 24 hrs pw contract. She had raised concerns to the management about her manager, since then the manager only rota her for 18hrs pw, whereas when the deputy manager does the rota she get 24hrs pw. 
She recently noticed few staff who are favourable to the manager get way above their weekly contracted hours, eg another NSP on 18 hrs contract has been doing 36 hrs last 2 weeks. 
What her rights as per the employment contract? She has been working for last 11 months for the care home, she will complete 12 months in May 2020.

Is she being paid for 24 hr/week?  Is it specified in her written terms that these are her hours for every week or can they average them over the year?

Not paid for 24 hrs, but only for the hours worked.
Here's what her contract says
"Hours of work:      Your basic hours of work will be 24 hour per week contract"
No mention of average over the year.

She should seriously seek work at another care home or nursing home.  Though she would need to provide a reference from current employer she would be able to tell current employer it was for additional hours, not that she was about to leave - might even prompt them to increase the hours they offer.

If she then resigns because of another job, she should at that time seek payment for any week when she was not paid for a minimum of 24 hours.  It is worth checking the contract with CAB (or a solicitor offering pro bono advice) to confirm whether they are indeed contractually bound to provide or pay for 24 hours.