Contract and Rota hours

[x.jay]

Apparently after a few months of working the same number of hours this is classed as an implied or verbal contract, Is this right? I am in the same situation.

[becky2585]

Apparently after a few months of working the same number of hours this is classed as an implied or verbal contract, Is this right? I am in the same situation.

 

Not always - it depends on the wording of the contract. Generally speaking, contractual terms will override implied terms - except if you can show custom and practice for a significant period. Weeks would not be likely to be enough.

 

If for example you are contracted to work "a minimum of 10 hours per week", but work 15, that's still adhering to the contract and would be less likely to be implied as a contractual term. If the contract stated you were required to work "10 hours per week" but consistently worked 15 for a period of a year, the argument would be stronger.

[x.jay]

So if contracted to 8 hrs but for 13 months rotered in for 20 what rights would you have in that case?

[renegadeimp]

As already stated. It depends on the wording of your contract.

[x.jay]

I started work Aug 11 on an 8 hr contract. April 2012 I moved to a different department for a 20 hr contract. Was told by the summer my contract would be updated. I have been rotered in since April 2012 and always work the 20 hrs sometimes more, just do not get the benefits holidays etc. I have seen line managers and assistant managers and they get no joy from Manager of the store, reasons always being when such a colleague leaves. Many work colleagues have left and some started and have been given 20 hr contracts. Do I have any rights and is there anything I can do?

[Conniff]

Have moved you to the Employment and minimum wage problems and renamed it to 'Contract and Rota hours'

 

Are the hours you are working clearly shown on your pay slip ?

[x.jay]

Yes hours I am working are on payslip.

[honeybee13]

Hello there.

 

I've moved your other posts onto this thread, to keep all the information together.

 

My best, HB

[Sidewinder]

Is this in Retail?

 

Sadly it seems to be an increasing problem - businesses now often give a basic hours contract and then require employees to flex up into whatever hours are required, but with holiday etc only being based on the core contract.

 

As you say though, newer arrivals have been given contracts for more hours, so on that basis I suggest that you put your point across in writing - if line managers can't help then mention this in the letter and send it directly to the Store Manager - and a copy to the Personnel Manager if there is one, asking to be considered for the next position that becomes available on a contract with more hours.

[x.jay]

Thankyou, yes In Retail

[x.jay]

Do I not have any statutory rights for holidays on the hours that I do actually work?

[Conniff]

Yes, you take the previous 12 weeks hours and total them and then divide by twelve so you get an average hours worked per week. That is your working week that holiday time off is calculated by.

[x.jay]

April I took a weeks holiday and only got paid 8 hours and also taking a week very soon and will get paid the 8 hrs.

[honeybee13]

In case it helps, here's a link to a holiday calculator, once you've worked out the hours.

 

https://www.gov.uk/calculate-your-holiday-entitlement

 

HB

[Madhatter1]

Sorry to jump onto this thread just thought it was better then starting a new one.

 

My work says my holidays are accrued through the year so if one week I work 30 hours and the next I work 20 hours will I get a different holiday allowance for each week? All I know is I get 2. something days holiday a month. If this is the case then I only get 2. something x my daily contracted hours? So all the extra hours I work I get nothing for? I ask becuase I work at minimum an extra hour a day so at minimum an extra 260 hours a year so if I dont get anything I loose around 26 hours of holiday a year!

 

Could I put a argument across after 10 months saying I should be given entitlement for 25 hours a week and not 20 as I have worked at minium 25 a week for most of the year? I aks because I have read that it can count as contractual change or something, same thing works for the other way round for the employer.

 

Sorry for stealing the thread.

[renegadeimp]

Your holiday is based on your contractual hours.

[becky2585]

Your holiday is based on your contractual hours.

 

It is indeed.

 

But for the benefit of any lurked on the thread, if you're on a zero hours contract, holiday accrues for hours actually worked. For those with a set number of hours, it's based on contract.

 

Unfair, but sadly not unlawful!