Not getting my full hours!

[Vonsaur]

Hello!

I finally started a new job after being unemployed for years 6 weeks ago. As a waitress in a restaurant. I was told I'd only be getting a few hours at first while they trained me, so I was still in receipt of jobseekers the first couple weeks. Though by week 2 I got 27 hours and week 3 I got 29 hours so I signed off.

The week after I signed off I only got 12 hours, and in the 2 weeks after that I've got under 16. I never signed a proper contract as such, it was a page that I was to fill my details, name, DOB, address, etc. It didn't say a specific number of hours but it did have a circle "Part time/ Full time", I circled full time. I also have a text message from the manager saying I would get at least 20-30 hours, more during the summer. Full time hours to me is at least 16+, as you can still receive benefits at under 16.

I have spoken to several members of management including the manager herself, the first week this happened. She said she would sort that out on the next weeks rota, but so far no change. I mean I understand it can be unpredictable how busy the place will be, I've been sent home after an hour of work several times before (it cost me more to get to work than I earned!)

I found out the other day that 2 other employees were taken on as full time and both are getting under 16 hours (one actually got less than 10), so its not just me. They are also continuing to hire more staff, we had 3 new staff last Saturday and 1 on Sunday. Sorry I'm rambling a bit but I'm trying to make sure I've covered everything.

Are they allowed to take us on as full-time staff and give us under the hours?
Is there anything we can do about it?

If any more details are needed ask away!

[vanman]

Re: Not getting my full hours!

you need to ask for a contracted of employment
to see the hours you are entitle to
Employers are legally required to give their employees a written statement of particulars of employment. Every employee regardless of the number of hours worked has to be given this written statement, which sets out the main terms and conditions of their employment. This statement must be given within 2 months of the commencement of employment.
The information to be provided is specified in law and includes, for example, the specification of holidays and notice rights. It is permissible, within the written statement, to refer an employee to alternative documents which contain details of some of the information required, providing such documents are current, accessible, and updated whenever necessary. Alterations in the particulars of the written statement must be individually notified in writing within one month of the change. Note, that the written statement is not the same as a contract of employment; however, it may be a summary of what is contained within the contract or contractual documents.


the reason they don't like to have any one working over 16 hours is NIC

Employee National Insurance rates
This table shows how much employers deduct from employees’ pay for the 2015 to 2016 tax year.

Category letter	£112 to £155 a week (£486 to £672 a month)	£155.01 to £770 a week (£672 to £3,337 a month)	£770.01 to £815 a week (£3,337 to £3,532 a month)	Over £815 a week (£3,532 a month)
A	0%	12%	12%	2%
B	0%	5.85%	5.85%	2%
C	N/A	N/A	N/A	N/A
D	1.4% rebate	10.6%	12%	2%
E	0%	5.85%	5.85%	2%
J	0%	2%	2%	2%
L	1.4% rebate	2%	2%	2%

Employer National Insurance rates
This table shows how much employers pay towards employees’ National Insurance for the 2015 to 2016 tax year.

Category letter	£112 to £156 a week (£486 to £676 a month)	£156.01 to £770 a week (£676 to £3,337 a month)	Over £770 a week (£3,337 a month)
A	0%	13.8%	13.8%
B	0%	13.8%	13.8%
C	0%	13.8%	13.8%
D	3.4% rebate	10.4%	13.8%
E	3.4% rebate	10.4%	13.8%
J	0%	13.8%	13.8%
L	3.4% rebate	10.4%	13.8%

[Vonsaur]

Re: Not getting my full hours!

Ah okay, that is fair enough. The job I applied for was listed as 35 hours a week, but I was willing to accept the 20 they later said.

I will advise my fellow colleagues to ask for that, personally I'll look for employment elsewhere! They have worked there over the 2 month time scale you mentioned, I get the feeling we're being messed about, taking on too many staff they have no hours for! As long as the supervisors get their hours who cares kind of thing. Anyway thank you for the response!

[vanman]

Re: Not getting my full hours!

I will advise my fellow colleagues to ask for that,

here is some info for them https://www.gov.uk/employment-contracts-and-conditions/overview

What a written statement must include

A written statement can be made up of more than one document (if the employer gives employees different sections of their statement at different times). If this does happen, one of the documents (called the ‘principal statement’) must include at least:

• the business’s name
• the employee’s name, job title or a description of work and start date
• if a previous job counts towards a period of continuous employment, the date the period started
• how much and how often an employee will get paid
  
• hours of work (and if employees will have to work Sundays, nights or overtime
• holiday entitlement (and if that includes public holidays)
• where an employee will be working and whether they might have to relocate
• if an employee works in different places, where these will be and what the employer’s address is

As well as the principal statement, a written statement must also contain information about:

• how long a temporary job is expected to last
• the end date of a fixed-term contract
• notice periods
• collective agreements
• pensions
• who to go to with a grievance
• how to complain about how a grievance is handled
• how to complain about a disciplinary or dismissal decision

[teaboy2]

Re: Not getting my full hours!

Have you still have a copy of the advert and a copy of the text where the hours were stated?

As if they offered you 20-30hrs by text that is a written offer, and if you accepted by agreeing to it or not more to the matter by not disputing the hours offered (which is deemed acceptance) then you are contracted to work a minimum of 20hrs and a maximum of 30hrs! If your only given 16hrs work they would still be obliged to pay you for 20hrs otherwise they'd be in breach of contract!

But lets see what they come back to with as a result of your requesting a copy of the contract!