More hours same pay

flay24

Working in a school. Contracted 5hrs a week (1hr lunches) 
I haven’t been furloughed, been getting full pay and we’re on a 4 weekly rota. I haven’t worked since first day of lockdown as when my week has come it has been half terms or I have been called and told I’m not needed to come in. I have 2 primary school children also. I was told on Friday that I had to come in over half term due to numbers. But was told I had to come in 10.45am until 14.15 all week because ( normally 13.10-14.10 daily) I ‘haven’t been to work for 7 weeks ( and this is an exact quote’) it wouldn’t be classed as overtime as I’ve already been ‘paid’ for my hours over the 7 weeks. Can they do this??? I’d be working 3.5hours a day rather then my contracted 1hour a day and getting paid for only an hour as I’ve been getting full pay during lockdown. It has been a massive struggle to get childcare which now my husband has to take holiday leave to look after them. They’re saying they have already paid me for the hours so I now have to come in for longer days. 

I can’t find anything online that helps 

bradders1983

Given you have been sat at home on full pay you are in absolutely no position to be moaning about this.

Of course you could moan and find yourself out of a job. Up to you.

pleasedelete

Support staff are usually in term time contracts. They are only paid for approx 44 weeks of the year (38 term time plus statutory holiday). So you cant be asked to work in school holidays and if you are you would expect to be paid an additional amount for each year. UNLESS you are on a contract that say different- academy maybe but even then not likely? 

Galloglass

I can’t find anything online that helps 

That's probably because it is in your terms of employment. Get a copy of it and read it. If there is nothing in the terms, there will be a mechanism to raise a grievance which will be detailed either in your contract or as "custom and practice". 

Once you have the detail, and if you still want something "online" then go over to the ACAS website and see if there is an answer there. 

Bear in mind that employment law has not been re-written. The standard rules apply. 

you are in absolutely no position to be moaning about this.

This is unlikely to be a valid argument for the school if their contract does not permit them to do what they are doing and if they fail to provide a grievance process.

@pleasedelete has explained what might be the case, but it will be down to your own paperwork

bradders1983

Oh I agree it may not be a valid argument but given the circumstances, the fact she has been on full pay for 7 weeks working 0 hours, and there will be hundreds of other people willing to do the job instead at the moment, is it worth moaning?

sharpe106

It would depend on your contract if they can or not. Your contract has not been changed.

But let’s be honest you have been paid for seven weeks full pay for not working, I bet you were quite happy then and not saying is it legal for them to pay my full pay whilst I do not work. They are not asking to do any more hours than they have paid you for, inconvenient yes but is it really worth fighting them over it?

Splatfoot

bradders1983 said:

Oh I agree it may not be a valid argument but given the circumstances, the fact she has been on full pay for 7 weeks working 0 hours, and there will be hundreds of other people willing to do the job instead at the moment, is it worth moaning?

It doesn't give employers the right to do whatever they please though? I know you're bitter about furloughed people but really, give it a rest.

bradders1983

Splatfoot said:

bradders1983 said:

Oh I agree it may not be a valid argument but given the circumstances, the fact she has been on full pay for 7 weeks working 0 hours, and there will be hundreds of other people willing to do the job instead at the moment, is it worth moaning?

It doesn't give employers the right to do whatever they please though? I know you're bitter about furloughed people but really, give it a rest.

Given she hasnt been furloughed...🤷‍♂️

Oh and lovely you only had a go at me when Sharpe more or less said the same thing. 

sharpe106

Splatfoot said:

?

It doesn't give employers the right to do whatever they please though? I

No it does not but sometimes just fighting for what is right is pointless. The OP is doing exactly the same amount of hours at the same pay as they normally get. Granted inconvenient and not great, it might not be in the contract but in the grand scheme of things hardly unfair. To me the OP sound  more upset that they aren’t getting paid overtime for it rather than having to work it.

GHolmesAdmin

Would this not take them below minimum wage?

Splatfoot

bradders1983 said:

Splatfoot said:

bradders1983 said:

Oh I agree it may not be a valid argument but given the circumstances, the fact she has been on full pay for 7 weeks working 0 hours, and there will be hundreds of other people willing to do the job instead at the moment, is it worth moaning?

It doesn't give employers the right to do whatever they please though? I know you're bitter about furloughed people but really, give it a rest.

Given she hasnt been furloughed...🤷‍♂️

Oh and lovely you only had a go at me when Sharpe more or less said the same thing. 

You're right, she hasn't been furloughed, apologies. There have been quite a few threads regarding furlough where some of your comments do sound really bitter.  We've not all chosen this and most would much rather things were back to normal.