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Employer putting me in for more hours than i am contracted for.

I'm contracted to 15 hours a week due to Uni commitments, but this week and next i have 24 and 27 hours.

And my boss is being incredibly intransigent and won't budge.

Any help?

Reply 1

doodle_333

If there's any way you can do it for a couple of weeks then do it to help out. You could request a couple of days off to balance it out afterwards to catch up on work. If you can't do it just inform them straight up you can't work the hours - if you can find cover with other people that is better. But be prepared they might decide it's not working out with you if you can't help them when they need it.

Reply 2

AidanLunn2

Original post by doodle_333

But be prepared they might decide it's not working out with you if you can't help them when they need it.

That's the thing, though. They are expecting someone to work more than their contracted hours, so the extra workload will have to be put on to someone else with less stringent contracted hours or the employer will just have to suffer a staff shortage. The OP's first priority is their degree, and the employers need to recognise that.

Reply 3

Notoriety

You need to check the terms of the contract. If the contract says something like "15 hours, but may be requested to work on other days", then there is likely no breach of your employment contract.

If there is no such term, called a variation clause, then your employment will have potentially breached your employment contract. If they summarily dismiss you for not accepting this term, which is a breach, that would be unfair dismissal. However, you can only bring an unfair dismissal claim if you've worked for the employer for 2 years. Unless the dismissal is based on discrimination of one of the protected characteristics or it is "automatic unfair dismissal", neither of which seem to apply to you.

In short, suck it up.

Reply 4

stoltguyboo

I've already covered 3 shifts for them (on my days off)

Spoke to my boss and he said they wouldn't be fulfilling my contract without those hours.

I've only been working there for a month.

My lecturers have said to me basically it's my degree or the job.

Reply 5

stoltguyboo

I haven't been given a copy of my contract by the way.

Reply 6

Notoriety

Original post by stoltguyboo

I haven't been given a copy of my contract by the way.

You have a right to request a copy of it. But as I said, it won't make any difference really.

Reply 7

Dez

Original post by stoltguyboo

I'm contracted to 15 hours a week due to Uni commitments, but this week and next i have 24 and 27 hours.

And my boss is being incredibly intransigent and won't budge.

Any help?

Could be a case of constructive dismissal if the employer ends up forcing you to take the extra hours at a detriment to your studies. Keep trying to resolve it with your boss if you can, be polite but firm. You should also probably talk to ACAS about the situation and see what they advise: https://www.gov.uk/pay-and-work-rights

Reply 8

stoltguyboo

Spoken to my boss once again and he said ''I won't be unable to fulfil your contract without those days'

Shall i just quit? I simply can't do it and my lecturers won't budge as we have exams coming up.

I did stipulate to them when i was interviewed, i can't do Tuesday and Wednesday due to studies.

Reply 9

doodle_333

Original post by AidanLunn2

that doesn't really matter, the employer will do what works for them to meet the needs of the business... every contracted staff will have something in their contract about flexibility and working mroe when needed... I'd guess this is happening now because of the christmas season, they don't want to hire anyone else for a few weeks so they just ask the current staff to help out - the majority of epople will be happy to do so and earn more money for christmas

I doubt OP has 'stringent' contracted hours

OP should prioritise their degree but the employer doesn't care about that and only cares about the needs of thebusiness, if OP can't meet those needs they will look for someone else

Original post by stoltguyboo

OP I would quit... if you can offer them an alternative e.g. working longer shifts on other days, that's worth trying but if it will be an ongoing thing, as in more than one wee then you will have to prioritise uni and quit

Reply 10

Crumpet1

Before you quit, raise a formal grievance. Your employer should have a grievance policy, use it!

Reply 11

stoltguyboo

My other colleagues are students to.

One works 10 hours (Over the Weekend)
The other one is contracted 15 hours a week also.

bump

You don’t have to have a written contract legally but you should be given something outlining your role
I’d guess it’s 15 hours plus more as needed.
Ask for written terms ASAP
You could leave but if you’re working in retail it’s pretty common around Christmas

Reply 14

Juno

If you've been there less than 2 years, you can't claim constructive dismissal and your employer can fire you for any reason that isn't discriminatory. So ultimately, your choice is work the hours or leave.

If it's a large company you can try complaining to head office or HR, but you contract will say something about flexibility and working more hours as required.

Reply 15

AlexanderHam

Original post by Dez

Could be a case of constructive dismissal if the employer ends up forcing you to take the extra hours at a detriment to your studies.

The OP presumably doesn't have the two years of continuous service that would allow them to resign and claim constructive unfair dismissal.

They could resign and claim for breach of contract, but what is the loss? They might be able to claim the equivalent wages they would have earned but for the resignation, up to the point the court considers it would have been reasonable to have found a new job

Reply 16

AlexanderHam

Original post by Juno

Ahh, you beat me to it. Yep, lack of 2 years continuous service means they have almost no leverage.

They might be able to resign and simply claim repudiatory breach, the damages being the loss of wages between their resignation and the point in time at which the court considers it would have been reasonable to be re-employed.

Given they have never been provided with a written contract they would have strong grounds for arguing their contract is verbal and any written contract the employer subsequently produces has no standing.

Reply 17

AlexanderHam

Original post by stoltguyboo

bump

Juno is correct. You don't have the two years continuous service so the advice above that it is a constructive dismissal situation is not accurate. At this point they can dismiss you for any non-discriminatory (or non-automatically unfair... that is, you were dismissed for asserting a statutory right)

There are some legal technicalities in terms of whether you might have a breach of contract claim that would allow you to resign and claim for breach of contract, but the question is how desperately you need the money.

My advice would be to start looking for a new job.