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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, i am currently employed on a 18 hours per week, annualised

Resolved Question:

Hello, i am currently employed on a 18 hours per week, annualised hour contract. I have had continuous problems receiving shifts, being told there is nothing available, even though i offer at least 10-20 options for 6 shifts per month. I have evidence that overtime has been given on most of the shifts i offered. I am now in arrears with my hours, and have fecieved threats from my employer. Is my employer in breach of my contract by not offering me hours? I have recently been forced to lower my hours to help elevate the problem. I have been told it is correct for my employers to use overtime before my core shifts!
Many thanks
Tina
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you qorked there for?

Ben Jones :

*worked

Customer: 14 years, 6 years full time, 8 years part time.
Ben Jones :

When you say it is an annualised hours contract how exactly does that work with the employer?

Customer: The total hours of 18 per week are worked out over the year, as long as you have worked the total by the end of the financial year, you can pretty much work when you can. I try and work 6-7 shifts per month to keep on top of them.
Ben Jones :

So do you still get the annualised hours every year?

Customer: I have worked annualised hours for four years, you get equal monthly salaries worked on your contractual hours.
Ben Jones :

Ok but what is the problem in this case - do you not get the annualised hours you are contracted to work?

Customer: No i have been offering to work, i give many options up to 20 shifts per month, i am being told that there is nothing available, to then find that others have been given overtime instead of me receiving my core shifts. At the end of the. Financial year, i am owing 8 x 11 hour shifts.
Ben Jones :

does the contract guarantee you the hours or is there anything that allows the employer not to offer you the fixed hours?

Customer: Yes i am guaranteed 18 hours per week. The trust are now demanding i pay back the hours, even though i have proof i have offered to work.
Ben Jones :

If you have a contract which guarantees you a fixed number of hours, without any conditions allowing the employer to reduce these or there being no guarantee over how much you work, then they are contractually bound to honour these hours and even if they cannot allow you to work them, they should still pay you for them. If they do not, it would amount to a breach of contract on their part and a possible unlawful deduction of wages. There is no law that prevents them from offering overtime before they offer you the hours but if as a result you are not allowed to work the contracted hours, then it will not help the employer’s case in any way and the breach of contract argument would still stand. You can pursue this through the formal grievance procedure at work first and after that you could also consider one or a combination of the following claims:



  • Breach of contract to recover the money they have not paid you, which you were due under contract

  • Unlawful deduction of wages as an alternative to the above claim

  • Resignation and a claim for constructive dismissal

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: Thank you, ***** ***** is along the lines of our thoughts too. If this case needs more legal representation can you recommend any solicitors i can contact, in view to counter argument letters. Many thanks
Ben Jones :

We cannot recommend solicitors through this site as you need to independently find one but you do not need one at this stage - not until you potentially take the matter to court, if you go that far. Any letters and correspondence can still be done by you and you will keep the costs down significantly that way

Ben Jones :

Has this clarified your position?

Customer: Yes thank you.
Ben Jones :

you are welcome

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