Contractual Hours Question
Discussion
I have worked for the same company for 6 years on a fixed rota. I am contracted to 37.5 hours a week and was on a 5 week rota. The rota consists of 4 weeks at 37.5 hours and 1 week at 28.5 hours. I have never thought much of it, thinking that it must equal itself out somewhere over the years.
Now they are questioning why I am a shift down every 5 weeks, where do I stand? Can they claim this time/ money back as they are the ones giving me that rota?
Now they are questioning why I am a shift down every 5 weeks, where do I stand? Can they claim this time/ money back as they are the ones giving me that rota?
That sounds like the kind of mathematical problem you'd get as an A-level question
By their measure what you are saying is that you have worked around 62 shifts less than you should have. However, if they set the rota (and this was not done following your recommendation) then it's their mistake and I can't see how they can demand either any back pay or that you 'work the time'. Of course, if their maths is correct (and who is to assume it will be any better this time around?) they are of course within their rights to change the rota of your shift pattern going forward and you will have little grounds for disputing that (unless you can show that the new rota requires excessive shifts).
By their measure what you are saying is that you have worked around 62 shifts less than you should have. However, if they set the rota (and this was not done following your recommendation) then it's their mistake and I can't see how they can demand either any back pay or that you 'work the time'. Of course, if their maths is correct (and who is to assume it will be any better this time around?) they are of course within their rights to change the rota of your shift pattern going forward and you will have little grounds for disputing that (unless you can show that the new rota requires excessive shifts).
swerni said:
So what is the logic to the 5th week change? have you ever questioned it?
Who set this schedule up for you and do you have anything in writing?
I think they would be hard pushed to ask for the money back, but I would be surprised if they didn't insist on making you work the hours you are contracted to in the future.
The fifth week change was the only way they could cover all the shifts I think. I've never questioned it as I (wrongly) assumed it all equalled itself out over the year. The rota was set up by my colleagues but is actioned by our scheduling centre as are the rotas for the rest of the very large company.Who set this schedule up for you and do you have anything in writing?
I think they would be hard pushed to ask for the money back, but I would be surprised if they didn't insist on making you work the hours you are contracted to in the future.
I am happy to have an extra shift added into the rota to prevent future issues but just want to make certain I cannot be blamed for this. I have never claimed that I am doing any extra shifts on my timesheet.
K77 CTR said:
I am contracted to 37.5 hours a week and was on a 5 week rota. The rota consists of 4 weeks at 37.5 hours and 1 week at 28.5 hours. I have never thought much of it, thinking that it must equal itself out somewhere over the years.
Blimey. I can't see how any right-minded person would believe that it could ever even itself out. Four weeks at contracted hours and the final week is 9 hours light. Six years of that ought to be grounds for dismissal.Magic919 said:
K77 CTR said:
I am contracted to 37.5 hours a week and was on a 5 week rota. The rota consists of 4 weeks at 37.5 hours and 1 week at 28.5 hours. I have never thought much of it, thinking that it must equal itself out somewhere over the years.
Blimey. I can't see how any right-minded person would believe that it could ever even itself out. Four weeks at contracted hours and the final week is 9 hours light. Six years of that ought to be grounds for dismissal.If you are salaried and that is teh rotation, then that is it!
Nothing more or less to think or worry about - sorry but that is obvious.
If you and a mate worke dout the shift patterns and it was your own 'machinations' that led to 'time off' then they may have a point.
Relax and get on with work
Nothing more or less to think or worry about - sorry but that is obvious.
If you and a mate worke dout the shift patterns and it was your own 'machinations' that led to 'time off' then they may have a point.
Relax and get on with work
AyBee said:
Magic919 said:
K77 CTR said:
I am contracted to 37.5 hours a week and was on a 5 week rota. The rota consists of 4 weeks at 37.5 hours and 1 week at 28.5 hours. I have never thought much of it, thinking that it must equal itself out somewhere over the years.
Blimey. I can't see how any right-minded person would believe that it could ever even itself out. Four weeks at contracted hours and the final week is 9 hours light. Six years of that ought to be grounds for dismissal.Kevin VRs said:
Magic919 said:
Six years of that ought to be grounds for dismissal.
Since the company asked him to do those hours why would it be grounds for dismissal?craigjm said:
Their mistake but they are entitled to claim it back but you could offer to pay something tiny like a £1 a week. They cant discipline you unless they can show that you knowingly took the money without saying anything and proving that would be very difficult
WIth all the usual caveats, this comes across as nonsense - sorry - IMHO! YOu were employed as I understand things; they set your schedule - not you - you were presumably supervised to a degree, and they suddenly realise that they, your boss, or supervisor has been a numpty!
No way they can reclaim money from you if this is true - need more details and some extra common sense around me thinks?
Slaav said:
craigjm said:
Their mistake but they are entitled to claim it back but you could offer to pay something tiny like a £1 a week. They cant discipline you unless they can show that you knowingly took the money without saying anything and proving that would be very difficult
WIth all the usual caveats, this comes across as nonsense - sorry - IMHO! YOu were employed as I understand things; they set your schedule - not you - you were presumably supervised to a degree, and they suddenly realise that they, your boss, or supervisor has been a numpty!
No way they can reclaim money from you if this is true - need more details and some extra common sense around me thinks?
craigjm said:
Slaav said:
craigjm said:
Their mistake but they are entitled to claim it back but you could offer to pay something tiny like a £1 a week. They cant discipline you unless they can show that you knowingly took the money without saying anything and proving that would be very difficult
WIth all the usual caveats, this comes across as nonsense - sorry - IMHO! YOu were employed as I understand things; they set your schedule - not you - you were presumably supervised to a degree, and they suddenly realise that they, your boss, or supervisor has been a numpty!
No way they can reclaim money from you if this is true - need more details and some extra common sense around me thinks?
K77 was led to believe that the pay he was receiving was in accordance with the hours he was working. In this case the employer can request that the overpayment is repaid but cannot enforce it by automatic deduction of pay.
Countdown said:
craigjm said:
Slaav said:
craigjm said:
Their mistake but they are entitled to claim it back but you could offer to pay something tiny like a £1 a week. They cant discipline you unless they can show that you knowingly took the money without saying anything and proving that would be very difficult
WIth all the usual caveats, this comes across as nonsense - sorry - IMHO! YOu were employed as I understand things; they set your schedule - not you - you were presumably supervised to a degree, and they suddenly realise that they, your boss, or supervisor has been a numpty!
No way they can reclaim money from you if this is true - need more details and some extra common sense around me thinks?
K77 was led to believe that the pay he was receiving was in accordance with the hours he was working. In this case the employer can request that the overpayment is repaid but cannot enforce it by automatic deduction of pay.
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