Is this legal?!

[Kirstin]

I've been "employed" by my current place of work since May 2008, worked about 20-30 hours every week until the end of Sept then it was reduced to 9 until Dec because it was winter and the place was closed most of the time AND I NEVER HAD A CONTRACT stating how many hours I needed to work etc then between Dec and March I didn't work at all.

Between March and May apart from 2 weeks I was off with morning sickness I worked about 16ish hours.

Between May to now I was working 25-35 hours.

4 weeks ago they hired a new part time staff member as I had exams and could only do weekends for 2 weeks and the other staff member was on holiday for 3 weeks. She came back this week.

I was told on Saturday, the last day I've worked that the manager would let me know when I was next working as soon as he needed to see when the new one could work and the other one was coming back, by Tues I hadn't heard anything so texted and was told he didn't know, yesterday I got a text asking me to work Saturday for 9 hours (this will be 9 hours without a break).

I know the new person worked Monday for 7 hours then Tues for 5 and the old person is working today, then theres Weds/Thurs and Sun that they have between them. The place is open for 60 hours so if it was going to be split shouldn't it be 20 hours or nearest each rather than those 2 getting about 25 each and me being lumbered with 9? Especially as I have been there longer than the new one???

Cant help but wonder if they are doing this because I am pregnant and the less I work the less maternity pay they have to pay? I've said in other posts that the minute they find out they will cut my hours and look whats happened.

Another thing, I have 35 hours of holiday I am entitled to, if I leave am I still entitled to be paid for these?

 

[joeyjo]

I'm fairly certain that if you only get SMP and no extra off them then your employer can claim the money back that they have to pay you so it shouldn't make any difference how much you work....

Have a chat with somebody and try and explain because it could decrease what you are entitled to

 

[Kirstin]

I dont think they are aware of that though, the minute my former manager found out I was pregnant she told me not to say anything because they WILL reduce my hours or make it impossible for me to work there so they wont have to pay. They are REALLY stupid when it comes to things like this (they tried to say I wasn't entitled to holiday pay) so probably think they have to pay me.

 

[joeyjo]

This wedpage explains more about what employers have to pay and what they can claim back. Might be worth giving them a highlighted copy so they are aware they can claim it back.

They should get a minimum of 92% of what they pay you back so cutting your hours really isn't going to help them much.

https://www.nwpayroll.com/factsheets/smp.html

 

[Kirstin]

But if then they put my hours back up after showing them this wont they be admitting they were discriminating against me because I was pregnant and open themselves up to get sued so they'll refuse or say they've reduced them for other reasons(doesn't explain how they could hire a new staff member and give her my hours)?

 

[joeyjo]

You could give them a get out and say you understand they have wanted to get the new person trained up quickly so they gave her more hours initially but you are happy and willing to work your normal hours etc etc...

It depends how much you want to get into things, i guess the other option is really going into battle with them.

If they are still awkward then have a chat to somebody at Citizens Advice...

 

[Kirstin]

I'm just extremely pissed off at the way they have treated me at the minute, especially considering I had to wait until Thurs to be told I would only be working on Saturday, I couldn't make any plans incase I was asked the night before

 

[xJG30]

I'd be tempted to get some legal advice, they shouldn't be treating you like this.

 

[FierceAngel]

I'd be tempted to get some legal advice, they shouldn't be treating you like this.

me too its discrimination (sp) x

 

[Kirstin]

I am going to text my manager (the only other option is phone and I want a record of what is said) and ask if the reduction of my hours is permanent and if he comes out with any crap I will be going to CAB especially as its coming under constructive dismissal and discrimination.