Contract Query

[NoKnock]

I need some advice regarding my contract. I started in May 2012 on a 6 month fixed term full time 39 hour contract. Then in August my hours were reduced to 30 hours, being relativly new and being on a fixed term contract i just assumed it was normal practice.
In November i received a 'Long term contract'. Which says 39 hours. When this contract came through i assumed my hours had been put back up to full time. I went and spoke to the 'DOM' he didnt look like he knew what to say/do and was saying yeah leave it with me ill sort it. I went to speak to my rep and he said contracts werent his strong point.
Ive now gone the area rep who says 'there is some confusion as to who signed off on the contract'

Ive also phoned HR and they say nothing can be done without the DOM signing off on the hour change, and the 39 hours stated in the contract are 'substantive' hours.

My main queries are if a contract stats 39 hours should i be working 39 hours?
Where do i stand as i dont seem to be getting anywhere with the union?

Any advice is appreciated

Thanks

[Lincox]

If it were me I would be insisting that I am paid what is on my contract of employment, and then it is up to your manager to
make sure that he is providing you with sufficient work to make sure that you work all of your paid for hours.

[P13]

I need some advice regarding my contract. I started in May 2012 on a 6 month fixed term full time 39 hour contract. Then in August my hours were reduced to 30 hours, being relativly new and being on a fixed term contract i just assumed it was normal practice.
In November i received a 'Long term contract'. Which says 39 hours. When this contract came through i assumed my hours had been put back up to full time. I went and spoke to the 'DOM' he didnt look like he knew what to say/do and was saying yeah leave it with me ill sort it. I went to speak to my rep and he said contracts werent his strong point.
Ive now gone the area rep who says 'there is some confusion as to who signed off on the contract'

Ive also phoned HR and they say nothing can be done without the DOM signing off on the hour change, and the 39 hours stated in the contract are 'substantive' hours.

My main queries are if a contract stats 39 hours should i be working 39 hours?
Where do i stand as i dont seem to be getting anywhere with the union?

Any advice is appreciated

Thanks

Substantive means permanent so i think you should be working 39 hours, if i were you i would try to get in touch with your area rep

[aiden01]

He already has read his post again

[UnhappyGremlin]

Well, first off someone has made a massive cock up. Nobody should be given a full time contract, certainly not a relatively new postie. So you're lucky.

Second, if you signed the contract and returned it, then I'd say you have a full time permanent contract. Speak to your Rep/Area Rep, but it may be worth taking your copy of the contract to a solicitor/Citizens Advice for their opinion.

[steven100]

Well, first off someone has made a massive cock up. Nobody should be given a full time contract, certainly not a relatively new postie. So you're lucky.

Second, if you signed the contract and returned it, then I'd say you have a full time permanent contract. Speak to your Rep/Area Rep, but it may be worth taking your copy of the contract to a solicitor/Citizens Advice for their opinion.

Contracts are legal binding. Mistake or no mistake.

[NoKnock]

Thanks for your replies, I sought some legal advice today and was informed that when the contract was temporary i 'affirmed' the reduction in hours but when i was issued with a full time contract stating 39 hours, then i have a strong case for breach of contract and unlawful deduction of wages. My next step is to write a letter to HR outlining this issues and will see what there response is although from how they talk on the phone i wont be holding my breathe.

Thanks again.

[Lincox]

HR are not there for your benefit or any other postie . Don,t be put off by anything they tell you.They are another tool to try and defray the appalling behaviour of what is basically a cynical and without morals management team. Stick with your legal advice and don,t be deterred.

[UnhappyGremlin]

Well, first off someone has made a massive cock up. Nobody should be given a full time contract, certainly not a relatively new postie. So you're lucky.

Second, if you signed the contract and returned it, then I'd say you have a full time permanent contract. Speak to your Rep/Area Rep, but it may be worth taking your copy of the contract to a solicitor/Citizens Advice for their opinion.

Contracts are legal binding. Mistake or no mistake.

First of all I didn't say otherwise, and second, if the company wanted to break it, they would have a lawyer find a way.
I think you'll find also, that the manager in question was trying to get the postie to accept the original number of hours, as it was probably his/her cock up, and they are trying to bluff there way out of it.