duty hours covered ?

[2ndclasspostie]

i have been advised to contact this site to try and get the best info i can. so i'll try and type this as quick and accurate as possible, in the hope you can help me out.
i've been in royalmail 13yrs on a 28hr contract in 2010 i was asked to cover special leave duty hrs, sick leave cover and long term sick cover & hrs when a fellow full time colleague took his hrs down to part time i then covered his hrs for the last 18mth+ which took my hrs up to average of 39pw and have worked these hrs for the last 4 1/2 yrs i've been putting in on docket as upgrade but no contract has ever been signed, so now that we are going throught the new way of working in our office we have been given 2 options but on both options i've been told i will be losing those hrs i've been covering and will go down to 30hrs.
just feel a bit robbed this lad has gained bk his hrs after reducing down because of seniority and i'm going to loose 9
but i have been told by an ex union rep that if i have cover x amount of hrs for 6ths or more i then i could be entitled to keep those hrs permantly? just feels like a kick in the guts after covering all the the duties in the office & as i am 3rd senior part timer i'm going to loose out on either a possible full time job or be able to keep these 39hrs i've been doing.
hope you can understand anything your not clear on something plz get bk to me, as i know am not good at wording stuff but thank you for taking time to read my message

[numberone]

I thought in the new agreement, that was voted in, there is something about if you have worked more hours over a period of time then that is protected. I'm in the same situation. But 33 3/4 contract and been working 39 for over two years. I am hoping to get a 39 hr contract when changes take place.

[rehabron]

The abstract you are referring to in the AFG&S Agreement is contained in Section 2 headed Legally bindings and Undertakings between Royal mail and CWU and in particular 2.2.7 THE LEVEL OF PART TIME EMPLOYEE,S CONTRACTED HOURS WILL BE REVIEWED BY THE EMPLOYER AND THE CWU LOCALLY ON A 6 MONTH BASIS. WHERE APPROPRIATE, INCREASED CONTRACTED HOURS WILL BE OFFERED TO REFLECT THE HOURS ACTUALLY WORKED AND PLANNED ". When does the 6 month perion start and end and the get out " WHERE APPROPRIATE ?
Your colleague who reduced his hours to part time was this done under the Buy Down ( Hours) contained in the MTSF Agreement 2010 and if now decided to return to full time will keep his seniority ( Is he senior to you) but if returning within the 2 year period he will have to refund back to RM the unexpired part of his compensatory payment.
If you are on a part time contract and have exceed 4 years then legislation makes you an " automatic permanent contract"
Severa; pointers for you to consider.

[UnhappyGremlin]

I think under one agreement (maybe Job Securities), if you have been doing a certain level of hours consistently for 12 months, then your contracted hours should be increased accordingly.

Speak to the Area Rep ASAP.

[2ndclasspostie]

The abstract you are referring to in the AFG&S Agreement is contained in Section 2 headed Legally bindings and Undertakings between Royal mail and CWU and in particular 2.2.7 THE LEVEL OF PART TIME EMPLOYEE,S CONTRACTED HOURS WILL BE REVIEWED BY THE EMPLOYER AND THE CWU LOCALLY ON A 6 MONTH BASIS. WHERE APPROPRIATE, INCREASED CONTRACTED HOURS WILL BE OFFERED TO REFLECT THE HOURS ACTUALLY WORKED AND PLANNED ". When does the 6 month perion start and end and the get out " WHERE APPROPRIATE ?
Your colleague who reduced his hours to part time was this done under the Buy Down ( Hours) contained in the MTSF Agreement 2010 and if now decided to return to full time will keep his seniority ( Is he senior to you) but if returning within the 2 year period he will have to refund back to RM the unexpired part of his compensatory payment.
If you are on a part time contract and have exceed 4 years then legislation makes you an " automatic permanent contract"
Severa; pointers for you to consider.

as far as i know there has been no my manager & CWU havn't reviewed my temp upgrade or if they have i have never been informed as i would assume i'd be signing a temp contract?
Also i have been on a permanent part partime contract from the start. feb 2001.
as i have been told my colleague didnt buy down his hours,
thanx for your reply .

[bustedflush]

4 1/2 years is the key here. You are in law an employee contracted to those hours and have been for a while irrespective of whether you have a contract reflecting them or not. You are contracted to those increased hours via historical practice and need to get the union lawyers to clarify this for you. You may have lost out on shares and holiday pay etc. due to being unfairly held to contractual rights for lower hours you haven't historically worked.

[2ndclasspostie]

4 1/2 years is the key here. You are in law an employee contracted to those hours and have been for a while irrespective of whether you have a contract reflecting them or not. You are contracted to those increased hours via historical practice and need to get the union lawyers to clarify this for you. You may have lost out on shares and holiday pay etc. due to being unfairly held to contractual rights for lower hours you haven't historically worked.

i will be seeing my union in the morning as by what i have read on my feedback comments it does look like i have a case to be looked into thank you very much for your info much appreciated