Advice needed about contracted hours

adam.mc2007

I currently work on a 10 hours per week contract, and each week my hours are given on an employee rota. As per my written contract, I can work over 10 hours per week if needed and willing, but I am only guaranteed the 10 hours each week. Usually I work around 12 - 15 hours per week.

However a few weeks ago I was not given any hours on the rota, and I was not called into work at all so that week I was given 0 hours of work.

I believe that this is a breach of contract and that I am entitled to be paid for 10 hours for that week. However, I know that if I challenged my employer about this, their response would be that my average weekly hours over the last 3 months or something are above 10 per week, so I'm not entitled to any pay for that week of 0 hours.

Does anyone know if it's legal for them to operate this average hours method? Can't find anything online myself.

Thanks in advance.

lashes34

Does your contract say you are guaranteed 10 hours a week or an average of 10 hours a week over a certain period?

TrixIrl

Are you paid weekly or monthly?

Of weekly they have to pay a minimum of hours every week.

If fortnightly they have to pay you 20.... But what days you worked over those 14 is at their discretion. So if you did 20 one week and none the next, they are still ok. But if you did 15 one week and none the next they still need to pay you 20.

Essentially they need to meet the contractual obligations within the salaried period i.e. 10 if paid weekly, 20 if paid fortnightly and 40 if paid monthly. Rostering within that period is a separate issue.

adam.mc2007

lashes34 wrote: »

Does your contract say you are guaranteed 10 hours a week or an average of 10 hours a week over a certain period?

It doesn't specifically say either, it only says that 10 hours per week is my "normal hours of work".

There's a lot in the contract, most of which is very difficult to understand.

adam.mc2007

TrixIrl wrote: »

Are you paid weekly or monthly?

Of weekly they have to pay a minimum of hours every week.

If fortnightly they have to pay you 20.... But what days you worked over those 14 is at their discretion. So if you did 20 one week and none the next, they are still ok. But if you did 15 one week and none the next they still need to pay you 20.

Essentially they need to meet the contractual obligations within the salaried period i.e. 10 if paid weekly, 20 if paid fortnightly and 40 if paid monthly. Rostering within that period is a separate issue.

I am paid monthly.

So you're saying as long as I worked an average 10 hours per week over the month period, then they are allowed to roster me for 0 hours in a week?

EverythingGood

adam.mc2007 wrote: »

I am paid monthly.

So you're saying as long as I worked an average 10 hours per week over the month period, then they are allowed to roster me for 0 hours in a week?

Very much open to interpretation this one. Could be that as you are paid monthly and did 15 hrs one week, 15 another and 10 another, then week 4 could be 0, and your 40 hours are paid, as per contract. In this scenario the extra 5 hours for weeks 1 and 2 are not "extra hours" per se, but your contracted hours condensed.You need to seek clarity from your employer really.