Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you qorked there for?
When you say it is an annualised hours contract how exactly does that work with the employer?
So do you still get the annualised hours every year?
Ok but what is the problem in this case - do you not get the annualised hours you are contracted to work?
does the contract guarantee you the hours or is there anything that allows the employer not to offer you the fixed hours?
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:
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
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
Has this clarified your position?
you are welcome