Right to Paid Antenatal Care-Minimum Hour Contract

Effy.Shaw · 12 October 2019 at 8:58PM

I've unfortunately had to arrange my first appointment with my midwife on a day I'm rotad to work.
I already took a less convenient appointment for myself so that I could give my boss more notice (a full week rather than less than 48 hours.) I couldn't arrange it for later than then as I'm high risk and nearing the end of the period of time the first appointment needs to be in.

Annoyingly, I'm off on the Monday and Wednesday and the appointment? On the Tuesday. :doh:
This WASN'T intentional!

I was asked by my boss to see if I could swap my Tuesday shift for someone's Wednesday shift to save me from "losing the shift" .... Which I would be happy to do (we've done it before) but I have an appointment with my daughter on the Wednesday. I would have done that... It seemed easier than anything else.

But now I'm worried about "losing the shift." When I was pregnant with my first child, I had one appointment in working hours and it was paid as by law... But I had a regular contracted hours job. This time I have minimum hour contract. Losing the shift would still leave me above my contracted minimum hours..... But I can't afford that! I am willing to work a couple of hours that day before I would have to leave for my appointment, but... I was sure as I'm still classed as an employee, that I still wouldn't lose pay for antenatal appointments.

Can anyone advise on if this is different for MHCs or if I should be getting my rotad hours?
Thankyou!

Blatchford · 12 October 2019 at 9:07PM

I assume that by "minimum hour contract" you mean that you have a set number of hours per week which your employer must provide? Because there actually isn't such a thing as a "minimum hour contract" so I'm having to guess that you are a part time employee who gets overtime? If so no - your employer is required to pay you for your contractual hours, but they aren't required to pay you for overtime. Since you are being paid for working a full contracted week, you can't then get paid for more unless you actually work it.

Effy.Shaw · 12 October 2019 at 9:44PM

We get contracted to a third of the hours we actually get rotad on average,so that we know in quiet months we won't get below a certain number of hours. We get rotas 3 weeks in advance and aren't allowed to disagree with those rotad shifts, they don't work like zero hour contract shifts where the worker would be able to decline some and the employer would have the same level of say.
We have to work what we're rotad in those 3 weeks.

Our hours aren't called overtime.

Effy.Shaw · 12 October 2019 at 10:07PM

*two thirds, apologies...can't edit it.

Blatchford · 12 October 2019 at 10:11PM

That might be what they tell you, but it isn't true. You aren't zero hours, no, but the only hours they have to give you (and pay for) are the ones in your contract. Call it what they will, anything over that is overtime! Anything over and above your contractual hours, you cannot be forced to work, no matter what they tell you. Many employers tell you that you "have" to do things. That doesn't make it true. It makes it convenient for them if you believe it.

The only hours to which you have a right to be paid, and which the employer can require you to work, are those in the contract. Of course, the payback for refusing is that they will starve you of hours until you can't survive any longer. Exactly as employers do with zero hours workers who refuse to work.

Effy.Shaw · 12 October 2019 at 10:29PM

Dunno bout that lol, the legal contract itself is called a gmh contract so it's definitely a separate and real thing and can't believe something used for millions of people would be so fake. (obviously I am very possibly wrong and I'm open to that! )
I'll pop into the cab on Monday to have a natter, I know only a few places use gmh contracts atm as they only really started after zhcs became so debated.

Thanks for the info.

Blatchford · 13 October 2019 at 8:10AM

Effy.Shaw wrote: »

Dunno bout that lol, the legal contract itself is called a gmh contract so it's definitely a separate and real thing and can't believe something used for millions of people would be so fake. (obviously I am very possibly wrong and I'm open to that! )
I'll pop into the cab on Monday to have a natter, I know only a few places use gmh contracts atm as they only really started after zhcs became so debated.

Thanks for the info.

LOL yes, you are correct - you are wrong. There is no such thing as a "guaranteed minimum hours" contract. There are THREE types of contract (when discussing working) - apprentice, (who have different rights), worker status and employee status. That's it. The fact that you think millions of people use them (and that only a few places use them - so not that many millions then?) isn't relevant.

FYI, here's what CAB have to say:
"You can only imply a term by ‘custom and practice’ when there’s no express term dealing with the issue. For example, if you’ve worked 35 hours a week for 10 years, even though your contract says you should only do 30 hours, you don’t have the right to work 35 hours by custom and practice." https://www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/ Not that CAB really know much about employment rights anyway - you would get better advice from a dozen or so posters on here.

The only hours that you are entitled to demand and to be paid for are the part-time hours stated in your contract. Any work over and above those hours is paid for on the basis that you attend and work. It's a nice idea that people should be paid to not work hours that they aren't contracted to work and don't work, but it will just never catch on.

BrassicWoman · 13 October 2019 at 9:49AM

However, a part time contract can state guaranteed minimum hours within it. So if you were feeling patronised, don't be. It's a common contract term used with people who work flexible additional hours.

You might find this helpful

https://maternityaction.org.uk/advice/time-off-for-antenatal-care/

[Deleted User] · 13 October 2019 at 10:38AM

Are you totally sure you can't rearrange the appointment.., perhaps see a different Midwife?

Right to Paid Antenatal Care-Minimum Hour Contract

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