Is this discrimination?

[hotlips11]

I work in a Residential Home. We have permanent and Bank staff. If Miss A who does the rota (who happens to not be English ) how can she justify giving the majority of the shifts to the Bank staff who happen to be the same nationality as her and cutting permanent staff shifts? There are several of us who are not getting our correct shifts each week due to this and when I queried this with Miss A I was told she had no shifts to give us. Why should a member of Bank staff be working 60plus hours a week when I can't get my 24? Also we have Bank staff who left to take other employment, came back on the Bank and have set shifts. How on earth can this be right? Any advise greatly appreciated by myself and English work colleagues.

[rowanwitch]

The whole point of bank staff is to fill in around shortages Are you a member of a union
Do you work for a private nursing home ?

I would phone the ACAS helpline for advice but also put your concerns in writing to the homes owner. If you are not given your contracted hours when they are obviously available your employer is probably in breach of contract. also aren't the bank staff breaching the european working time directive?

[China Doll]

You can opt out of the European Working Directive. I managed bank staff a few years back and some of them had opted out of it, I think they had a to complete a form but I am going back about eight years now.

[northernmonkey]

Raise this with mangement if you have contact details or if not ask Miss A for contact number. You can simply just tell her if she asks it's a matter that you dont want to discuss and thats still being polite as you can be?

[hotlips11]

Thanks for replies. It is a Private Residential home and no I'm not in any union. Only yesterday I had a meeting with my manager and Miss A after seeing my manager earlier in the week about this ongoing problem. I am supposed to have four shifts a week and some weeks I am only on rota for two.There are plenty of shifts to be covered and my manager has agreed with me. As rotas are done every four weeks we don't get to see them until the week before the new one starts. I was assured yesterday by my manager that Miss A had shuffled the rotas around so that I get my four shifts so I shall have to wait until next week to see them. I appreciate it's hard to keep everyone happy with regard to the rota and I wouldn't like to have to do it myself. What I do resent is the fact that that Miss A always makes sure that people who are the same nationality as her get the shifts they want, when they want, come in to work late on a morning as they've worked the night in other homes (this we have proof of and not hearsay) and then decide they're leaving early as they've had enough. I will let you know how things go. Thanks again.

[buildersmate]

Are you working your contracted hours? - presumably you are.
The likely reason why bank staff are being preferred is almostly certainly because they are paid a lower rate per hour.

[hotlips11]

I am not working my contracted hours like several of my colleagues which is the problem. Also we know that most of the the Bank staff are on the same hourly rate as if they were permanent. Some of these so called Bank staff left for other employment then returned as Bank staff. This is the main problem.

[buildersmate]

If you have a contract that says you work 24 hours per week then that is what you are entitled to work, and to be paid for.
It's that simple.
The employer must rota you for 24 hours each week.

[dothawkes31]

Ring thr local authority and tell them that there are illegal workers being employed at your home, it's bloody disgusting, what sort of care to the residents is there if people work all night then all day then beggar of home cos they are over tired, it's dusgusting

[hotlips11]

Thought I'd keep you up to speed on the latest. After repeatedly demanding my 24 hours that I'm contracted to work, the new rotas for the next month were there when I went in for my afternoon shift. I have finally got my 24 hours! (3 morning shifts and 1 afternoon) I told my manager I wanted my original shifts back instead of being lumbered with all the crappy shifts and being the only English member of staff on duty after 4pm. I've told my colleagues to keep on with our manager (these are the ones who've lost shifts to the Bank staff ) I can't fight for everyone! Thanks to everyone for all your advice.