Can Work Make Me Do More Hours Than I Would Like To.

[fairycakes69]

Hi I' contracted to work 20 hours a week and to run the shop when the manager is on holiday, contract says I've to be flexible . My manager is looking for another job, if she gets it I will be expected to run the shop 6 days a week full time until they get a replacement. Can they make me do it, I'd be willing to do 28 hours a week but not 42.

[boxtops]

It all depends what it says in your contract - if I was expected to do those extra hours, I'd want paying overtime for it, with a definite finish date. They would have to ask you to do the extra days, they can't make you. IMO. Your contract says 20 hours, they can only change that after discussion and mutual agreement.

[DJHawkes]

They can't make you do that no, you need your day 2 days off at least in a 40 hours week, you can maybe offer to do that in the short term but they would need to either bring in cover from another store or operate the store over the 2 days with top and tail part-timers who would need to be given key holder training

[fairycakes69]

Thank you, my contract says I've to be flexible, they would pay me overtime, but I have family as well, which is why I work part time. This has happened to someone else and it went on for 3 months, she got told she was on a rolling contract and had to do it.

[boxtops]

what sort of place do you work?

[fairycakes69]

It' a charity shop.

[buildersmate]

Yes, I'd go along with what boxtops is saying.
It sounds like we have a charity HR department that doesn't know too much about employment law - what do they think a 'rolling contract' is? - every employment contract is a 'rolling contract' in that it continues until terminated by one of the two parties!
Flexibility is a great phrase with no clear definition about its scope. I think you would find an Employment Tribunal (ET) would interpret it as the employee being willing to deliver the contract in a flexible way - so temp changes in start/finish times, or days on/off, and maybe a SHORT term acceptance of additional hours - but not to an increase of 100% for a long period.
The trouble nowadays is that, with jobs in short supply in some parts of our great land, people feel their job could be at risk if they don't comply with what the employer wants.
If your manager was to leave and you think you'd be asked to 'fill-in', it seems clear to me that this is a different job - different job title and different pay rate?
The way I'd handle is be upfront and pro-active and approach them. Outline the situation, your keeness to help out on a very short term basis, that you'd be willing to consider an upgrade the shop manager role, subject to discussion on a change in the pay rate and an understanding of the required hours. Stress your commitment but also stress your needs regarding a family life. State you would be willing to agree to a maximum of X weeks at it.
Keep your own notes of this conversation. You'd be happy to consider a temporary change in contract on this basis, subject to you seeing their letter outlining these changes.

By dealing with it this way, you separate the two jobs, and it requires them to put this in writing back to you. That should limite the opportunity for scope creep.

You have been working there continuously for more than 12 months, I trust?

[fairycakes69]

Thank you for your replies, yes been there nearly 4 years, I will speak to the area manager about my concerns, wanted to know where I stood before I spoke to anyone.