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I started work in Feb 2021 on Bank hours only. During this time, I was asked to work 9 hours on a permanent basis with no contract.
In May that year I was given a 30hr contract not to include the 9hrs. These became addition hrs.
After 3yrs of doing these additional hrs they decided they had to be shared with other members of the team.
Can they do this when no one was doing the hours before me, and no one objected until I asked for the 9 hrs to be contracted to me?
This was Feb 2024.

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  • 2
    What jurisdiction are you in? But the answer is "probably".
    – Philip Kendall
    Commented Mar 23 at 15:49
  • 1
    I am in wales uk
    – Denise Fitzgerald
    Commented Mar 23 at 16:04
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    If it is Overtime hours, I don't think these are considered as part of a Rota or Roster protections.
    – TheDemonLord
    Commented Mar 24 at 1:32

2 Answers 2

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Probably.

You are contracted to work 30 hours a week. Anything else is at the discretion of the employer, and they can assign those hours to employees by any means they wish1. Your employer has chosen to change the means by which they assign those hours.

You may wish to talk to your union, ACAS, Citizen's Advice or a lawyer if you cannot resolve this dispute with your employer amicably.

1. so long as the decisions do not discriminate on a protected characteristic as defined by the Equality Act 2010.

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  • I'm not so sure about that. @denise-fitzgerald was clearly working and getting paid for 39 hours on a structural basis. The verbal agreement to do so is a contract of some sorts. The exact terms of that contract would be hard to prove and I don't know nearly enough about UK employment law to say what the default terms would be when there is nothing written down. But to say there is no contract at all for those 9 hours seems incorrect to me. But the advise is correct, talk to a union or lawyer who does know these things.
    – AVee
    Commented Mar 25 at 13:50
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Best answer I can give you is to tell your manager that you liked working the overtime (not everyone does) and that if others dislike it you'd be glad to pick up more of it.

Or tell them you'd be glad to be switched to a longer working day, which wouldn't get you overtime bonuses but would get you more paid hours. Or ask them what they would need to see from you to justify giving you a raise, if money is your concern. Or several/all of these.

After that, it's Management's choice, on whatever basis they want to make it (modulo discriminating against protected classes of people).

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