Possible implied contract advice.

dan19030

I'll try and keep this brief. I've worked for the same company for nearly 5 years and always been on a 5 day 45 hour week. January 2020, they introduced a 4 day week at 42.5 hours. This appealed to me as I spend a large proportion of my salary travelling to and from work. However I initially declined the option because I was so reliant on the 45 hour pay. I was then told that I could work the 4 day week and 1 of my days off to make up the hours, so this is what I did and it worked well for me until the whole coronavirus pandemic. We were asked for volunteers to continue working throughout lockdown. I did put my name forward as many other staff had vulnerable people in their household and I didn't, providing that I wasn't financially out of pocket. I was then selected to stay and told we would have to work a 5 day 40 hour week. I then raised my concern about the fall in hours and therefore pay, to which I was told "I'll sort it out, don't worry" he was then furloughed. I raised my concerns with the area manager and was told we would get normal basic pay regardless of hours worked. However when payday came I was paid 42.5 hours and not the 45 I was relying on. After we were back to full staffing levels in June I was asked to go back to my normal hours and the sent me a contract of 5 days 45 hours. After many conversations I have got nowhere trying to ask for the extra "implied" missing 2.5 hours a week. I then started looking for another job as I just felt so frustrated. My boss found out I was looking and understood why I was frustrated and offered the missing hours but only if I stayed. I have now accepted another job offer. Where do I stand? Surely I should be entitled to either the 45 hours during lockdown or the 42.5 hours since June? Or is it not worth the effort as I'm leaving anyway. 
I hope if explained it sufficiently. Thanks in advance. Dan

Masomnia

Don't see how they can argue that they don't owe you the money.

Marcon

dan19030 said:

My boss found out I was looking and understood why I was frustrated and offered the missing hours but only if I stayed. I have now accepted another job offer. Where do I stand? Surely I should be entitled to either the 45 hours during lockdown or the 42.5 hours since June? Or is it not worth the effort as I'm leaving anyway. 

Did your boss put his offer in writing? If not, I don't see how you can 'prove' anything. 

sharpe106

It also sounds like your boss does not have the authority to offer that anyway as he was over ruled previously. 

dan19030

Unfortunately the latest offer was not put in writing, and probably never would. But to fair they are very good at protecting the company. As an example, initially, my boss said that he would pay me half an hour over time every day for a month to make up the lost hours. As I usually work through my lunch break I continued this but it turned out what he actually meant was if I worked overtime he would pay me for that not give me an extra half hour as implied. Also the working my day off to make up my 45 hours was not a special deal for me, it was open to everyone on a 4 day week. The most recent discussion was between my boos, the area manager and HR director, I imagine as you say he may not have been approved the "bonus" offer as they have said that I have been paid what is actually written down. 

dan19030

Just feeling a bit lost, frustrated and let down right now. 

oh_really

dan19030 said:

Just feeling a bit lost, frustrated and let down right now. 

Why, you've secured a new role, onwards and upwards.

[Deleted User]

I don't get it either, presume your new role comes with better terms. People who are caught or confess to job-hunting, can have their lives made very uncomfortable. (it's a totally different senario to someone being talked into staying)

Nothanks

I think the chances of getting any money out of them sound slim beyond just asking them nicely/firmly via a letter. 

To be honest, balanced against heartache of pursuing a maybe I’d just write it off as a loss and leave without burning bridges.