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attendance allowance and hours

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  • attendance allowance and hours

    Hi,

    I was looking for some advice on two questions i have.

    I have been working for a company for 18 months now i am employed on a part time contract. Ever since i have started i have worked full time as its a job share basis but they have struggled to fill the post. I have just been advised that i am going to lose half the hours as they have now filled the other position i was filling. I knew from the start i was part time but after a year i thought that as i was doing a good job they may consider otherwise with filling the other hours.
    As i have covered full time for so long do i have any rights to ask for more hours in the future?

    Another question is although i absolutely love my job the managers are bullies i have to say they never ully me as i would not allow it and i think they can see that however they do bully my immediate boss, so when i had a problem at christmas with a complete overload of work and i asked for help my immediate boss tried to ask for help but they would not allow it this resulted in for the first time me going off sick with stress for four weeks which has wiped out my attendance allowance. As this work stress are they allowed to take this off me?

    Thank you in advance for any replies i amy receive.
    Tags: None

  • #2
    Re: attendance allowance and hours

    Sorry to be the bearer of bad news but...

    I'm afraid that as your contracted hours are part time you aren't entitled to more hours than those stated in your contract.
    That said, there's no reason why you can't ask for more hours. I would expect that, at least, your employer would be happy for you to cover the job sharer's holidays and any sick leave.

    An attendance allowance is usually only payable for full attendance.
    The cause of your absence is irrelevant.
    Last edited by mariefab; 25th January 2012, 08:42:AM. Reason: typo

    Comment


    • #3
      Re: attendance allowance and hours

      Re the bullying, here is some ACAS advice which you might like to pass on to your immediate boss

      http://www.acas.org.uk/index.aspx?articleid=797
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: attendance allowance and hours

        Actually the hours you have worked could well be deemed implied terms due to them becoming customary. What i mean is, that if you have been working them for a certain period of time usually 12 months minimum (to be on the safe side) then they are likely deemed as terms of employment that have been implied into to your contract and would supercide the hours prevoius written in your contract as being your new hours of work. This means the employer can not change your hours of work without following proper consultation with yourself, this means they must give you notice of the change in your contracted hours, that is 1 weeks notices for every year you have worked there upto 12 weeks maximum. The notice should be in writing too. Other than that, you have very little to go on, even the bullying angle is not of any help to you since its not you thats being bullied. Saying that its doesn't mean your manager is being bullied either, just because they refused to allow your boss help with reducing your work load. That could well be a straight forward business decision.

        To be honest if i was you i would have an informal chat with your employers about the hours becoming costumary and therefore implied term of your contract and that their failure to following any proper consultation period and provision of notice of change to your contracted hours (even thought the custom hours are an implied term that supercide that of what was originally written in your contract), would be a breach of contract on their part.

        If the informal route fails, then you simply go down the formal path by writing formal grievance letter repeating what you stated in the informal chat.

        And off course, as mariafab stated. Attendance bonuses/allowances are only paid to those that meet the attendance requirements. IF you fail to meet them, regardless of your reason for absences, then your do not qualify for said attendance bonus/allowance.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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        • #5
          Re: attendance allowance and hours

          Thank you all.

          At least i know where i stand. I love my job but the industry itself is renowned for bullying in the workplace.

          Thank you for taking the time to reply.

          Comment

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