Hour Change

[raichu]

I have been working in a pre-school for over 5 years and was asked if I would train for NVQ before Christmas I said I did not want to do this and therefore I was not able to be a key person anymore so I decided that from January I would not be a KP anymore and go to NMW then was informed about a month ago that they were wanting to change everyones hours so my boss asked me what my availability was and what hours I would prefer to work so I told her I did not want to do lunchtimes Thursday morning or all day Friday which I have not been doing for a long time she said at the time she could see no problem with this but I would probably loose about 1 and a half hours work so I said this would be ok. Today she has come to me and given me my new hours to start in September (new term) and I do not want to do, cannot do the hours, She has given me EVERY lunch and Thursday and Friday pm sessions. I asked what would happen if I did not do the hours as I did NOT want to do them and she just said I HAD to do them. Can she do this? I do not have a contract. I have a job description but this has nothing about hours in it. I said surely she would not be allowed to make me do these hours and she said yes she was allowed to do it. Can anyone advise me please. She wants my "answer" by Friday but I cannot get to see my solicitor till the 18th July.

[jonesytwotwo]

I think maybe you should tell your boss you wish to clarify your position with your solicitor. It surely would wait as long as is reasonable. My last employer told me my job, which was part-time, was to be made full time. Not negotiable. I left, but was told after the event it should have been subject to negotiated agreement. Is their a job shop/centre you could pop into, to get their advice. They know best what an employer can do.

[Lil O'lady]

Raichu, if you were a member of a union such as unison, they would be able to approach your boss for you. It might be worth your while having a talk with your local rep and joining one n any case. Hang tough - don't make rash decisions - ask around at work if anyone else is facing similar changes - and in meantime write a letter for your your boss saying you are working hard to find a solution and are aware that she wants an answer by x date, but that you cannot for numerous reasons provide that answer before Y date. get this note in to her quickly so you can't be accused of being obstructive.

[cassa333]

Has she explained why she gave you these hours instead of the ones you asked for?

I would ask who got first dibbs on the hours you wanted and why they got them and not you.

Do you think she ment to do it because she wants you to go?

Can you talk to the others and see if they are happy with theirs or if anyone will change with you?

CAB could be your next move!

[raichu]

Thank you ~ jonesytwotwo Lil O'lady and cassa333 for your comments, advice and suppport. I have spoken to a LA at CAB and she advised me to do a letter stating that I opposed the new hours, was seeking further advice and to explain why she had given me these hours knowing I did not want them ~ which I did yesterday ~ I think there are 3 people in the same boat as myself but one is too shy to oppose even if she did and the other I have not had chance to speak to yet. I have, yesterday joined Unison but cannot get advice for 4 weeks unfortunately. I did explain y'day that I would rather negotiate a solution and explained again I had given the hours I could do but this did not work ~ basically she said (in not so many words) I was of no use to her now ~ She said she would rather NOT have given me the 2 afternoon sessions with the children but had to doto keep my hours as they should be at 13 and a half ~ apparently it is because of new laws saying she has to have ALL qualified staff in the room with the children and because I do not want to train I am basically a spare part now and its costing her money because she still has to have 5 qualified staff in the room. I asked why she gave me the Friday when she knew I could not work it and this was the only shift left after all the others had got first picks ~ so I got the dregs basically. If I had wanted to be a dinner lady THAT is the job I would have applied for ~ Its madness ~ think at the moment we are at stalemate. I am seeing my solicitor Friday but am not holding out much hope because knowing my luck I won't have a leg to stand on but I am not one to just roll over and accept it without making sure first ~ I wish I could get proper advice sooner but cannot. I have downloaded variation of contract rules off of Acas site and THAT looks favourable to me but just have a bad feeling about it all. Thanks again all ~ any more advice would be most welcome.

[mydogsandme]

raichu just wondered why you don't want to do any training.Is it a financial ot time thing? If it's financial does your workplace contribute to the costs? Sadly I think if you don't get an NVQ you'll find this happens wherever you go in childcare-as she says it's about qualified staff-if you're not you practically don't count as they have to have a set number of qualified staff. I'm not excusing her behaviour of course. An NVQ 2 is quite a simple one to get-I managed it! It's mainly practical anyway with very little paperwork and you have quite a long time to complete it. I think without it you may struggle to stay in childcare.