Shift Allowance help and more

[Dert70]

Hi Everyone

Looking for some help on the below matters. I will try and keep it as short and simple as i can.

I work for a large financial services company, been there for nearly 5 yrs
I started work there in a low IT position and after a year moved my way up to the specialist/manager grade

This role came with a 25% shift allowance due to working 12hr shift including nights
After a year of this my Manager asked me to move on to days and assume a more admin role.
He informed me that i could keep my shift allowance as i would still cover shifts for holidays and illness etc
I took the position as i no longer wanted to work 12hr shifts and moved to 7.5hr days monday to Friday.
And my job title, role nor contract changed.

After 2yrs i decided to leave to try something else.......didnt work out and my manager was asking me to return, so i did.
I was brought back on days by HR with my 25% shift allowance. Again due to me covering shifts.

For the past year now my manager has been telling me that HR are trying to take it away due to me not working full time shifts.
Now its coming close to me losing it im stressing out even more then i have been the last year
Thing is i cant afford to lose 25% of my wages. I work hard and have more responsibility then the shift guys and do more hours.
Can they just take it?

Now...before you answer i have more

A guy i worked with on days - Same situation to me. Was asked by my manager to move to days to perform a role etc etc.
He did this role for about 2yrs. He was so paranoid that he was going to lose the money he moved internally to a different IT team and struck a deal with HR and he got to keep 75% of his shift allowance.

Im not entitled to a deal according to HR because he moved to a different team and role that entitles him to the deal.
Thing is its the same grade and his doing the same role as he did in the datacentre just now his job title has changed.

Can they do that?

While you ponder on that

Another guy within my dept wants to move to days to learn more and further his career. HR have also told him he will lose his 25% and get no deal even tho its more work and more responsibility?

Showing him that there is no room to advance in our team unless he takes a pay cut

Can they offer one employee one thing and not another?

Is that constructive dismissal? forcing our hand to leave? I feel......................picked on
I cant afford to lose that money

Your thoughts?

Kind regards

[mariefab]

Re: Shift Allowance help and more

Forget constructive dismissal, you have a better option.

On your return an agreed contractual term was that you were paid the 25% allowance to be available to cover shifts if required. Unless and until you refuse to cover shifts when requested this remains part of your contract.

HR wants to vary your contract. Unless you have a contracual clause authorising them to make unilateral changes they need your agreement to lawfully make this change.

If they unilaterally impose this change, absent such a clause and without your agreement, you can:
Issue a formal grievance disputing the unilateral change and informing them, in writing, that you are continuing to work under protest.
If that fails to resolve the matter you can continue working there and submit a claim for unauthorised deductions as long as you do so within 3 months of the change being imposed.

See Employment Rights Act 1996 s.13(1), s.23(1)(a),2(a)&3(a) and s.27(1)(a) below.

http://www.legislation.gov.uk/ukpga/...ns-by-employer

http://www.legislation.gov.uk/ukpga/...ng/enforcement

http://www.legislation.gov.uk/ukpga/.../supplementary

[Dert70]

Re: Shift Allowance help and more

Thanks for your quick reply :-)

Would i need to cover a set amount of shifts to be able to do this? I have never been given a minimum amount to cover btw.

What would happen if they refuse to pay it after i follow your advice?
The company I work for has had loads of cases filed against them
And their HR dept are ruthless too and bend the law a lot to suit their needs and get rid of people

I'm worried if i dispute it they might out me for some fabricated reason a few months later

[mariefab]

Re: Shift Allowance help and more

Would i need to cover a set amount of shifts to be able to do this? I have never been given a minimum amount to cover btw.

If the contract, or any other relevant document provided when you returned, doesn't contain information on the number of shifts you need to actually cover, then No.
You were offered and accepted the job with the shift allowance to be available to cover if required.

If they refuse after the grievance you submit a claim. The process will take months. If they don't change their minds before the hearing the Tribunal will order them to pay it.
(Bear in mind here that my advice is based on the information you've posted here. If any of it is inaccurate or something relevant is omitted the result may be different.)

The Employment Rights Act 1996 isn't particularly bendy.
It affords quite a bit of protection; including making dismissing someone for asserting a statutory right automatically unfair.

http://www.legislation.gov.uk/ukpga/1996/18/section/104

That said, bad employers can get creative when they wish to get rid of someone.
They could say that the manner in which you went about dealing with the issue was abusive or aggressive and dimisss you for misconduct. So, make sure that you have a trusted companion at every relevant meeting.
Also, if they don't provide notes/minutes of meetings; think of a little query afterward and email an outline of what was discussed then add your little query to the end.
Otherwise keep your head down and if you see any dubious signs create as much paperwork as you can.

[Dert70]

Re: Shift Allowance help and more

Hi

I have an update on this i would love your help on please

HR are now saying that it was a clerical error which is why i was giving a contract with shift allowance.
They have said i don't need to pay any of the money back but my contract will now change to reflect i don't get shift allowance

I have been getting this for over 2yrs, i was brought back on a days role with all the shifts filled. I don't see how it can be a clerical error. If it was clerical error doesn't that imply i have been taking the money unlawfully?
I do not have anything in writing to say i was getting shift allowance to cover as and when required. I was told this by my manager at the start of my role. and this was agreed between him and HR (which they now deny)

Any ideas on what i should do?
They are taking 25% of my wage, my wife has a baby on the way and ill be screwed without it.

Thanks

[Gilltheblackcat]

Re: Shift Allowance help and more

Did you get anywhere with this?

[Dert70]

Re: Shift Allowance help and more

Hasnt progressed yet. but its still looming

Regards

[Dert70]

Re: Shift Allowance help and more

Meeting is next week. Would really like peoples view on this

Regards

[Amethyst]

Re: Shift Allowance help and more

[MENTION=26290]mariefab[/MENTION] [MENTION=51026]Ula[/MENTION]

Mariefab advised in this post http://legalbeagles.info/forums/show...762#post623762 - I'm not sure if you have raised a grievance or checked through your employment contact / terms ref changes unilaterally ?

I think we need to know what your contract says - you weren't given a new contract when you moved to days were you?

[Dert70]

Re: Shift Allowance help and more

HI
Its some advice on my 22nd april post please.
I wasn't given a new contract no
This is what my contract states for the key parts

Hours of work
You are required to work a 12hr shift pattern covering 24hrs a day 7 days a week 356 days a year. the shift rota may be changed according to business needs. however the company reserves the right from time to time to ask you to work additional hours/shifts in accordance with business requirement's

Entire agreement
The terms of this contract of employment and the handbook supersede all previous conditions, understandings, commitments, agreements or representation (other then fraudulent misrepresentation) whatsoever, whether oral or written, relating to the subject matter hereof and constitute the entire agreement between parties. No waiver or modification of this agreement shall be valid unless in writing, signed by the parties and only to the extent stated

[Amethyst]

Re: Shift Allowance help and more

Hi Dert, I'm sorry no one has been able to help you with this yet - I wonder have you spoken with ACAS at all ? http://www.acas.org.uk/index.aspx?articleid=1410

Hours of work
You are required to work a 12hr shift pattern covering 24hrs a day 7 days a week 356 days a year. the shift rota may be changed according to business needs. however the company reserves the right from time to time to ask you to work additional hours/shifts in accordance with business requirement's

Entire agreement
The terms of this contract of employment and the handbook supersede all previous conditions, understandings, commitments, agreements or representation (other then fraudulent misrepresentation) whatsoever, whether oral or written, relating to the subject matter hereof and constitute the entire agreement between parties. No waiver or modification of this agreement shall be valid unless in writing, signed by the parties and only to the extent stated

Nothing about being paid a shift allowance in there ?

Is it broken down on your payslips ? as salary / shift allowance ?

HR are now saying that it was a clerical error which is why i was giving a contract with shift allowance.

In that case it would have been a clerical error from when you first started employment ( when you were working shifts ) so that makes no sense. It may have been a clerical error that you were not asked to negotiate a new contract when you moved to days, however you moved to days on the direct representation made by your manager that you would keep the shift allowance. You have now been working days for 2 years with the shift allowance.

No waiver or modification of this agreement shall be valid unless in writing, signed by the parties and only to the extent stated

So if they want to remove the shift allowance now then you would need to agree, but of course I understand that's difficult to not do in your position as you could potentially lose your job, although you do have protections against unfair dismissal as you have worked there over 2 years, that's not very comforting.