Contracted hours not being met then being reduced

[MrGashead]

Hi all,

i am having a problem with my employer.

i was given a contract in February 2018 stating 48 hours per week.

It came to my attention in November 2018 that there has been occasions when o have not worked the 48 hours per week. It was my understanding that I should still get paid the full contracted hours. My employer failed to do this and it led me to raising g a grievance in January 2019.

im my hearing it was said that the contracted hours were incorrect and it should say 42 hours per week. I shortly after received an email stating that they will be changing my contract from 48 to 42 due to my average working hours over the last 17 weeks.

i calculated that my average working hours per week from February 2018 to present day is 49 hours per week.

my contract of employment does not state any shift pattern.

I am asking for my contracted hours to be met and once that has been done I am willing to sign a new contract with amended hours yet my company refuse to honour the contract by saying it was a clerical error and my shift pattern averages at 42 hours per week even though there’s no shift pattern stated on my contract.

any advice on where I go from here will be helpful

Adam

[ULA]

Are you paid an annual salary or on an hourly rate basis? I presume the latter.

Did you appeal the outcome of your grievance which you should have been given the right to do?

Is the company standard working week for other members of staff 42 hours - just trying to establish whether the clerical error may be genuine.

[MrGashead]

Hi,

im paid an hourly rate, yes I appealed the outcome and had the appeal hearing that they also rejected.

other members are on 42 hour contracts.

Adam

[ULA]

If all other staff members are on a 42 hour week contract, then their "clerical error" may in fact be genuine.

What exactly does your contract state in terms of working hours - can you post up that clause here please without any identifying information.

[MrGashead]

Hi, the contract states

1.7 - hours of work : 48 hrs per week

Hours of work
your normal hours of work are set out in clause 1.7

your hours of work may vary subject to a rostered shift pattern and you will only be paid for hours worked.

rostered shift patterns will include, days, nights and weekends over 365 days a year including bank and public holidays.

provided that you have completed a working time directive opt out agreement the company may request you work overtime from time to time in addition to your normal hours of work. This does not mean that the company is guaranteeing you any overtime.

[ULA]

According to these clauses your normal hours are stated at 48, however they are subject to variation depending on your shift pattern and you are only entitled to be paid for the hours you work.

So unfortunately this does give you employer the right to change your hours of work each week and to only pay you for the hours you actually work.