bank contract

[aurea junks]

I applied for a post as " bank" and fortunately I got the job. I usually come to work when my employer needs me. After about 3 months, my manager amended my working status to " bank contract for 20 hours per week" which we signed (me and my manager) on the amended form. He didn't gave me a copy of statement of terms and conditions but he explained to me verbally that I am not entitled to a paid annual leave, holiday pay and sick leave, he prefers me to come to work on wednesdays, thursdays and fridays as those are the busiest days of the week but on calls on the rest of the week. I am doing those days for nearly 2 years now and this is the only job I've got and I am happy because Iam guaranteed 20hrs in a week, despite of not having paid leaves, he sometimes ask me to come to work on weekends, mon. and tues. There are times when Friday falls as bank holiday, so I need to ask my manager if I can just do it on Mon and Tues. instead just to complete the 20hrs but he won't allow me. It will end up in paying me 15 hrs I worked for in a week. I've made a research in the internet but I can't find the rights and terms for "bank contract (for certain hours)" w/c is stated in my amended form. I did find one for bank nurses working in the NHS and I quote" bank nurses working with contracted hours per week must be considered as permanent part time and are entitled to holiday and sick pay." I don't know if this applies to me. My question: Am I really entitled to benefits (holiday, annual, sick leave,etc...)? Is there a breached of contract if my manager won't allow me to do this 20hrs per week? I will appreciate it very much if somebody can help me with my concern....

Edited May 30, 2010 by aurea junks

[Bigredbus]

Hi, and welcome to the CAG...

 

a) your employer must have given you a statement of particulars of employment within the first 2 months of your employment,

 

b) you are working contractual hours,

 

c) you are an employee,

 

d) you are entitled to all the benefits accorded to employees... including holidays entitlement,

 

e) even if you do not have written statement of particulars, you work regularly 22.5 hours/week... thus making it contractual... therefore, they should explain why you only work 15 hours at times...

 

You should raise a grievance and contact a CAB/ACAS...

[honeybee13]

Well said, BRB. AJ, this sounds completely wrong to me. We'll help you do something about it, if you don't get everything you need from CAB and ACAS. They're both good.

 

My best, HB

[aurea junks]

Thank you guys for your advise, I've been to our HR dept regarding my contract and they told me that my situation is under investigation and they'll just gonna give me a ring for a meeting, that was a week ago, and I havn't heard anything from them yet. My manager was informed that I was in contact with the HR and since then, this was the first time i've been told that if it's not busy, they will send me home earlier ( meant to be 2pm till 10pm shift). Before, busy or not, they let me finish my shift of 7.5 hours on the agreed days of work, but now it depends on workloads. I thought my manager is taking it personally such as the way he talks in sarcastic way. I'm just worried that my job is in jeopardy, what will i do?

[honeybee13]

Hi there. Try the ACAS confidential helpline, they may have some ideas.

 

HB

[aurea junks]

my manager had a meeting last 2 weeks with the HR business partner regarding my concern, after their meeting, i am expecting my situation will change for the better, but i think it got worse, i only got 4 hours of work last week. my deputy manager still advised me that i will be send home if the work got quiet.

Last friday, i received a letter from my manager that he arranged a meeting with the HR business partner on 5th May regarding my entitlement ( annual leave and sick pay) but he did not mention about my querry on my contracted hours. I also have the option of bringing someone with me in the meeting. One of my colleague is willing to accompany me in the meeting, and i heard from my other colleagues that my managers don't like her because she is once a representative of a union and she used to make complaints against them when somebody was not treated fairly. she give me advise on what to do. Do you think if i bring her it will not just aggravate my situation considering that they don't like her? I have a feeling that this meeting will not favor me considering the fact that my managers still cut my hours of work despite a meeting was done with the HR. If somebody will help me with this I will appreciate it very much.

[mariefab]

I think that it would be a good idea to have the colleague who used to be a union rep accompany you to the meeting.

 

I also think that when you go to the meeting you should say that after you got in touch with HR your hours of work have been cut short.

You should ask them if this was HR's decision or is your manager punishing you for speaking to HR.

[aurea junks]

Thank you for your advise, Mariefab. Actually I've already ask my manager regarding why since I've spoken to HR, he begin to cut my contracted hours short, he just explained it's not busy, but my point is I've been doing this 22.5 hrs for almost 1.5 yrs consistently disregarding workloads, why is it just now they began to tell me if it's not busy, I will be send home. Sometimes I just feel regretful of going to the HR, asking about my rights and maybe if I've not done this they will continousy allow me to do my contracted hours as they use to. Anyway, lets see what the outcome of the meeting and I hope it will be good and favorable to me. I don't know if I will have to trust my manager that he's on my side despite I was told by my colleague not to trust him based on their bad experiences with him. Thanks to everyone who helped me with my concern...

[Bigredbus]

Although, you do not have anything in writing, the fact that you have been an employee for over a year on a constant 22.5 hours/week defines your working hours clause. Any attempt, by your employer, to vary those hours without your written consent could amount to a variation of your contractual terms, therefore making it a repudiatory conduct by the employer.

 

Omitting you access to statutory benefits (sick pay, holidays, other company benefits, etc...) could, also, amount to a repudiatory conduct by the employer, and so does the failure to provide you with a statement of employment particulars...

 

Take that colleague with you...

[aurea junks]

Thanks again BRB for the advice. I just hope everything will be fine in the meeting.

To all the posters in my thread, thanks again and I will update you...

[aurea junks]

hi there! just to update you, my manager gave me a permanent part time contract and entitled to all the benefits! i am really very glad with the results! thank you to everyone who gave their support...

[honeybee13]

Excellent news, I'm really pleased for you. Go out and make your fortune, young aurea junks.

 

HB x