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Nicola-mod
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Category: Employment Law
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Working hours involuntary reduced

Customer Question

I currently have 3 incumbencies with one employer:

1. Graphics designed, 20 hours a week since August 2011
2. IT support - 15 hours a week, started 21st September
3. Shelving assistant (putting books on shelves in the library) 15 hours a week, since October 2011

Incumbencies 2 and 3 are University term-time only.

I passed the interview for the Customer Assistant on the 27th of July, started the job 21st of September and have only had the contract this afternoon, 26th October. I work 3 hours a day Monday to Friday as a Shelving Assistant and Saturday/Sunday as Customer Services Assistant. My Marketing Assistant hours are split across all days depending on the workload.

On the 3rd of October I went to HR to see why I haven't been paid my wages for August and September. Accidentally my working pattern was brought up. I work without days off, a few hours every day as convenient to me and can start when suitable to me. I take days off as part of annual leave every now and then. Incumbencies 2 and 3 come with 5 months off anyway.

The next day HR sent me an ultimatum, claiming that in accordance with Working Time Regulations 1998 I must re-view my hours and take a day off; there was no other options and I would need to leave one of the jobs otherwise. This happened after I have already worked for 13 days in IT Support post and over 2 months since I passed my interview.

The HR clearly failed to check the details in time and now trying to solve their mistakes by make me a scapegoat. Have they told me about this before I agreed to incumbency 2 I wouldn't have left a stabile job with another employer, where I've worked for 8 years. They started this mess after I had contracts exchange, meaning that £15000 deposit can no longer be recovered and the purchase is a subject to a cancellation fine.

They've been dealing with this issue behind my back while I was talking to my line managers regarding shuffling my hours.

HR offered me to meet to allegendly solve the problem on the 6th of October, even though I have already met her on the 3rd, when this problem arose. I told her I can not make it and the circumstancesdidn't allow this (I was exchanging contracts then) and offered to meet on the 21st, since one of my line managers was away until the 14th. She ignored this and told me that 21st is too late.

Line manager for incumbency 3 was unhappy to move my hours around, though it it s simple job which could be easily filled in by casuals. I arranged a meeting with a senior member of the intitution who said that changing the hours should be OK and that she will pass this to HR's deputy director. I don't know what happened then.

Yesterday I received a letter from HR where they said that my Shelving Assistant hours will be reduced from 15 to 6 hours a week. In order for me to meet their initial demand to have a day off I only needed to get rid of 3, but they took away 9, potentially giving me 3 days off. They sent me a revised working pattern chart without giving any date regarding when it would start etc.

1. 24 hour weekly rest break - is it a compulsory obligation or my right?
2. I had a gap of 26 hours between 2 of my jobs, would it suffice their initial demand? HR were rather pushy at the meeting causing me to give her some incorrect hours + she wrote them down incorrectly.
3. What is the notice period for the reduction of hours? Am I eligible for a compensation?
4. Did they have the right to terrorise me like this for the mistake they made, 2 months after the interview and 13 days after I started my duties?
5. She reduced my hours by 60% for that job, and my overall income by 25-30%. This is not enought to survive, especially with the mortgage. Who's responsible for this? As I said before I had to leave another job to start incumbency 3.
5. What measures can be applied to them for negligence which potentially results in me being homeless?
6. In case the HR are right, what is the correct procedure to follow?
7. How can I defend my position? Another university's web-site states that their workers can work 7 days a week if there is an agreement with the trade unions. Is this true? Why aren't my 5 months off work aren't taken into consideration?
8. In her first letter she said that I need to shuffle my hours or leave one of the jobs. In the end they tool another option - reducing the hours by 9 out of 15. They did not offer me this option initially. Should have they done it or was it done to avoid the compensation?

Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill : Hello my name is Jenny and I a happy to help you today. When did you first start working there?
JACUSTOMER-syv5rce3- :

Hi Jenny,

JACUSTOMER-syv5rce3- :

I currently have 3 incumbencies with one employer:

1. Graphics designed, 20 hours a week since August 2011
2. IT support - 15 hours a week, started 21st September
3. Shelving assistant (putting books on shelves in the library) 15 hours a week, since October 2011

JACUSTOMER-syv5rce3- :

But the continuous employment started in September 2010

JACUSTOMER-syv5rce3- :

When you will online next time? Let me know please.

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

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