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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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In April 2008 I retired from nhs, midwife and was given a "minimum

Customer Question

In April 2008 I retired from nhs, midwife and was given a "minimum hours' contract which I started x 3 days after retiring. The minimum hrs are 15 per year - ( 0.29mins per week)
It was negotiated by Hr and manager to retain services (. 15 hrs to do stat study to keep registration) and work as a contracted m/ wife not bank - duties different.
It was never envisaged that only 15 hrs would be worked and indeed I have worked 2-4 days per week since April 2008 during which time I have carried out duties of regular band 6 m/ wife.
All hours worked are pre agreed well in advance with line managers. I was told I was entitled to a/ l for hrs worked and to submit my hrs in blocks of 12 weeks to the office for annual leave entitlement to be worked out.
Employer changed from Pct to NUH approx x3 yrs ago and contract tupe'd over.
Computer " e rostering" took over payments. As my contracted hrs were only 0.29 per week I submitted my hrs manually to the line manager each month and paid the following month for those hours.
In December last year I was sick for 5 days and I submitted a claim for the 5 days sick - claimed on hrs I was rostered on to work in that month. Pay services have refused to pay these hours - they say I received pay for 0.29 hrs per week that month therefore not entitled to any further pay.
In January I submitted x 3 days annual leave with my hours - again pay services have refused to pay and say that I am not entitled to annual leave payment as I am only contracted for x 15 hrs per year.
Payment for annual leave has previously been imputed onto the computer as days worked - and a manual recorded of actual leave owing and leave taken - it was previously explained to me do it that way otherwise the computer would not recognise that annual leave was entitled. Computer set up for the 0.29 hrs per week.
It now seems NUH HR are now saying that my contracted hrs are the 15 per year and not interpreted as HR by the PCT who agreed my contract.
This is very stressful

Do I have any rights please
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What would you like to achieve ?

JACUSTOMER-2iyiaenn- : My contract is a minimal hours contract which does not reflect my normal pattern of hrs worked, consistently for 6 years. It was never intended that I would only work the 15 hrs per year only. I would like to know what I an entitled to
JACUSTOMER-2iyiaenn- : Why are you off line ??
Customer: replied 2 years ago.
Relist: Other.
Expert went off line and no answer received
Expert:  taratill replied 2 years ago.
Hello my name is Jenny and I am happy to help you today. Have you raised a formal grievance about this yet? If so what response have you received?
Customer: replied 2 years ago.
No not yet
I spoke to the union in April re the sick pay in December and she was looking into it, then I received information from line manager that also not entitled to annual leave.
This was 2 weeks ago as I have been chasing payment for x 3 days annual leave which should have been in February pay.
Expert:  taratill replied 2 years ago.
The employer is incorrect in the calculation of annual leave, where hours are set they should be cacluated on the actual hours worked not on the contractual hours. If hours are varied they should be based on an average of the previous 12 weeks of work. If they are not then the employer is in breach of the Working Time Regulations and you can make a claim under those regulations for the annual leave to be paid.

Sick pay is based on contract. You have an argument that the policy on this is discriminatory. As you have retired you can argue that the policy to pay you on your contracted hours rather than your actual hours is contrary to the Equality Act 2010, as it can be perceived to amount to age discrimination.

You should raise a grievance about both of the issues, if the employer does not overturn their decision you can consider making a claim.

You cannot be dismissed for raising the grievance as this would amount to discrimination.

If you have any further questions please do ask.
Expert:  taratill replied 2 years ago.
There was a typo in my last sentence, it should have read you cannot be dismissed for raising a grievance as this would amount to Victimisation.
Expert:  taratill replied 2 years ago.
Please do let me know if there is anything further you would like to know about this?
Customer: replied 2 years ago.
Yes please.
HR are looking into the matter and say will convene a meeting to discuss
The union says we will argue custom and practise and they will have to pay but that will probably mean they will suggest I change my contract to reflect.
If I don't want to change then they think that the trust will not support my contract as it will set a precedence.

Is it advisable to have a meeting or should a grievance be raised instead?
Expert:  taratill replied 2 years ago.
Just by way of background, why would you object to a change of contract to reflect your real terms? Is it because of implications it could have on your pension?
Customer: replied 2 years ago.
No not at all.
I have worked this contract for 6 years and initially although told no guarantee of work I worked average 3 days per week as the service was very very short of staff, particularly experienced staff. I never intended to work that amount- I intended to"wind down"
I worked over 35 years in community doing 4/5 nights on call, weekends, Xmas etc.
although I remain very conscientious with a positive work ethic I do have opportunity not to work weekends, on calls or bank hols etc,
I work as band 6 and do carry a case load ( usually cover n
Mat leave) I take the co- ordinators phone, attend child protection meetings , work with students and basically work as team member, I occ work a weekend if service stretched. I attend home births if on duty
If contracted I think different pressure would be for on- calls and long days,
Expert:  taratill replied 2 years ago.
Ok thanks for the information. I would suggest that you do raise a formal grievance in advance so that the employer is aware of your position. It is quite possible that they are simply not thinking matters through properly.

They are quite entitled to issue you with a contract which reflects your true employment position and there is no disadvantage (from an employment law point of view) in you accepting it.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.

All the best with this and do come back to me at any time for further advice. You can ask for me by name in the question title and I will pick it up.

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