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can i get my hourly contract changed

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sb382 | 03:25 Wed 14th Dec 2011 | Jobs & Education
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I am contracted to work 20 hours per week but for the last 11 weeks I have been doing between 36 and 40 I asked my manager if I could have my contract changed she said no but not to worry because the hours were mine and would not be taken off me but i have just found out that in 2 weeks time the rota's have changed and I only have my 20 hrs can i do anything about this
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You are contracted for 20 hours and that is what they have given you in the new rota. I think all you can do is ask again.
When you worked the longer shifts were your holiday entitlements still based on your 20 hours a week or were they adjusted to reflect your significantly increased hours?
When your manager said 'not to worry' she perhaps thought you were concerned that you might be heading for a period of far less than 20 hours per week - to equalise the hours. These contracts normally have a flex such that the average of 20 hours operates over a period of time.
If you want more contracted hours, perhaps try shifting it up in bite-sized chunks - by asking for say 25 hours to start. Businesses are reluctant to take on more permanent commitments in these difficult times.
If you are contracted to only 20 hours, then your holiday entitlement will fall in line with the 20 hours, even if you work 40 hours per week for the nest year! A great way for your company to get the most whilst giving the least....take note!!
I agree, lechat. That's why I asked about holiday entitlements. I think a lot of retail companies do this: they employ you on a contracted small number of hours- say 10 hours a week, thereby giving you only a small holiday entitlement-and then regularly ask you to do several extra days a week. I would hope there would be some rules about this though, or it makes the statutory holiday entitlement rules meaningless in these situations.
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thanks everyone but i still need help with this, my contract is 20hrs i went to my manager and asked if there were any more hours on a permanent basis and some who had a 16 hr contract had just left the company so she said i could have those hours as well taking my working hours to 36 per week, i asked her if my contract would be changing she said no but as far as everyone was concerned those hours were mine permanently and would not be taken off me and if anyone asked my contract had changed but now looking forward on the rota's my hours have dropped again without her talking to me about this, now i thought we had an agreement so is there anything i can do to get the contract in writing or do i just have to put up with her changing her mind
Thankyou i really hope someone can help me
i think you have to put up with her changing her mind. If there isn't the work for you to do, i think it's perfectly reasonable they give you your contracted hours
"i could have those hours as well taking my working hours to 36 per week, i asked her if my contract would be changing she said no but as far as everyone was concerned those hours were mine permanently and would not be taken off me and if anyone asked my contract had changed"
This is hog-wash and she is conning you.
The way a contract is changed is one of two ways:
1) the employer writes to you - dear sb382, confirming my conversation with you, your weekly hours are now 36 hours per week as from xyz. Your rate of holidays accrual will now be calculated from the new figure. All other terms of your contract are unchanged. Ms Boss"
2) It becomes what is called an implied term of your contract because it has been this way for a 'long' time. There is no definition of 'long' but let's say at least 3 months.
You can try forcing the issue like this:
Write to the employer along the following lines "Dear Boss, further to our conversation earlier, you advised me that my hours would now be at least 36 hours per week. For the sake of clarity in the future I am writing to you to confirm this conversation".
That should give her something to think about - if she does nothing you're home and dry, to refute it she is going to have to write back to you.
You need to vary the terms of your contract of employment; there are four ways this can be done:

1/ By Statute
2/ By agreement
3/ Means of a section 4 Statement.
4/ By dismissal and re-engagement

Your best method is by agreement, agree new hours with your employer and then ask for this variation to be reflected in your contract.
Have you actually asked her about the rota change?

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