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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49789
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am working for a country wide retail group and have worked

Customer Question

I am working for a country wide retail group and have worked for them since I was seventeen and am now twenty. I am still employed only on a twelve hour contract, but am now a supervisor working a thirty nine hour week and acting as a stand in assistant manager. Is this legally allowed?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Ben Jones replied 5 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know what are your specific concerns about this?
Customer: replied 5 years ago.

My specific concern is firstly are they legally allowed to employ people in this way, the as I am working 39hrs a week and more for them, yet my holiday and redundancy entitlement is only that of a 12 hour contract. Secondly that they have made me a supervisor so I have all they mangerial responsibilty when there is only an assistant manager and she is being paid incentive but I am covering her when she is having days off or on holiday. They asked me not to leave and to wait for assistant manager but nothing ever comes to fruition.

Expert:  Ben Jones replied 5 years ago.
how long have you been doing the extra hours for and is this just a temporary arrangement?
Customer: replied 5 years ago.

I have been on the 12hr contract since I started working for them whilst soing my GCSE's but was made a Supervisor just over 12months ago and have normally working about 20hrs or more a week.

They've told me they won't make a decision on giving me a 39hr contract until they decide whether the Manager ( who is covering a new store ) will return or stay, but he had promised me Assistant Manager last year and so I had turned down two places at University. I feel as though they are giving me the run around, but don't want to make a hasty decision.

Customer: replied 5 years ago.
Relist: Other.
still awaiting a response
Expert:  Ben Jones replied 5 years ago.
Sorry for the delay, by relisting the question it took it off my question queue so I was no longer being notified that you were still waiting.

First of all, you can only be expected to do the extra hours if your original contract allows for this, for example by saying you could be expected to work additional hours, cover others' work, etc. If that is not in your contract then technically you can refuse to do it, but by having done it for this time you may have jeopardised your rights as you could have implied your acceptance to the employer's request. The rejection is something that should have happened at the beginning of this.

Your holiday should be calculated based on the hours you actually work, not what is necessarily in your contract.

On the other hand, if you have been doing a job for a reasonably long period of time it could automatically become your contractual position through custom and practice. If that is the case then any redundancy would be calculated based on this new job rather than the old one.

Finally, you are not legally entitled to expect the same rate of pay even if you are doing the same duties - this is only the case if the reason for the difference in pay is due to gender - that is when pay equality applies.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you