Employer insisting on unpaid leave (And other things)

[paulfoel]

Wife worked 6 shifts a week (considered to be 5 hours each) 30 hours. Nurse visiting patients, sometimes it takes less than 5 hours. Its always been a case of that's how it works.

Company she works for has seen a fall in patients. Her manager now says she has to use leave (or unpaid) when they don't have enough work. Problem is its only her (because shes part-time).

She does on call too (for an allowance). Manager has rejected the last few weeks claims (its nothing to do with 30 hours work this is a different per hour on call allowance) saying she feels not enough hours have been worked so shes not paying it.

Can they do this?

[ULA]

So the starting point is what does her contract say about:

1. Hours of work? Would be useful for you to post up this clause from her contract.

2. In her contract is there any clause about amending her terms of employment and if so then please post that up as well.

3. What does her contract state about "on call" allowance and again please post that up.

Make sure anything you post up is anonymised. Thanks

[paulfoel]

Many thanks much appreciated

HOURS OF WORK
10.1 Your basic hours of employment are 30 hours per week (calculated on a pro rata basis by reference to full-time employment of 40 hours per week) with an unpaid lunch break of one hour each full working day. You will be required to work additional hours from time to time in order to provide necessary on-call support for the Baxter service. The pay you will receive for providing this on-call management support is set out at clause 5.1.

10.2 You are required to work your basic hours between the hours of 7am and 10pm, 7 days a week, 365 days a year, when the Company’s service operates. You will be notified 2 weeks in advance, on a rolling basis, of the days and hours that you are required to work and of any additional hours that may be necessary to provide on-call support for the Baxter service. The pay you will receive for providing this on-call support is set out at clause 5.1.

and also

5.1 You shall be paid an initial basic salary of £x per annum (calculated on a pro rata basis by reference to a full-time basic salary of £x per annum). Your basic salary shall accrue from day to day at a rate of 1/260 of your annual salary and be payable monthly, along with any pay for providing on-call support and/or overtime, on the last working day of each month (or earlier working day where that date falls on a weekend or public holiday) directly into your bank or building society. You shall be paid the National Minimum Wage (https://www.gov.uk/national-minimum-wagerates) for each hour that you provide on-call support for the Service, as set out at clause 10.1 below. To the extent that you are offered and choose to accept overtime in addition to your basic hours of work, as set out at clause 10.3, you shall be paid at your usual rate of pay (calculated pro-rata according to your basic salary).

[ULA]

If your wife is contracted to be paid for 30 hours per week and her employer is legally obliged to either provide the minimum number of hours as set out in her contract, or to pay in lieu for these unworked contracted hours.

Hours on call are clearly stated as being additional hours so are in addition to the contracted 30 hours per week so should be paid for at the rate as stated under 5.1 which is the NMW.

[paulfoel]

Alas, employer seems to think the law doesn't apply to them.

They often use "not signing your on call" as a punishment of sorts. Latest thing is wife worked an extra shift to attend a course (at their request) and now they're saying "No you're short on hours so we're not paying for that".

[ULA]

I think your wife now needs to raise a formal grievance.

[paulfoel]

I think your wife now needs to raise a formal grievance.

Yes she has done but its not really been taken seriously by HR. They seem a bit out of their depth to be honest.

Correct procedure (as I'm sure is the way in most companies) is manager can reject timesheets, with a message, then it goes back to employee to amend and resubmit for authorization. Shes now (somehow) editing the timesheets, removing what she doesn't like, then authorizing whats left (after which it can't be amended). No notification no message no explanation.

This overtime was for a training course she was asked to attend for the morning on her day off.

Pretty sure the managers of the opinion that, "well you only worked x hours last week" (because they didn't have enough work) so I'm not allowing you to claim for an extra shift the next week? Surely they can't do that?

[ULA]

As I have already stated your wife is contracted to be paid for 30 hours per week and her employer is legally obliged to either provide the minimum number of hours as set out in her contract, or to pay in lieu for these unworked contracted hours.

In what way has your wife raised a grievance? Was it formally in writing and did she attend a grievance hearing, if not then she needs to raise the grievance in this way. Part of the grievance should refer to unlawful deduction of wages, because if she is not being paid for extra shifts worked then that is the legal term for this.

[paulfoel]

As I have already stated your wife is contracted to be paid for 30 hours per week and her employer is legally obliged to either provide the minimum number of hours as set out in her contract, or to pay in lieu for these unworked contracted hours.

In what way has your wife raised a grievance? Was it formally in writing and did she attend a grievance hearing, if not then she needs to raise the grievance in this way. Part of the grievance should refer to unlawful deduction of wages, because if she is not being paid for extra shifts worked then that is the legal term for this.

Yes was all done in writing as per the grievance policy.

All thats happened so far is that the manager in question has attended a meeting with her (Along with HR who sat there and did nothing). She has now told them the grievance is still outstanding a raised further non-payment issues. All HR have said is that it will be discussed in the next meeting - which is next week.

[ULA]

I think your wife will need to see what is said at this meeting.

I would suggest that in advance she requests that there is someone present at that meeting to take notes and that she is provided a copy of those notes within 48 hours of the meeting. She can then review them whilst she still has a recollection of the meeting and can agree or otherwise the detail of the notes.