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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46223
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am employed with Swissport at Bristol Airport, I was on a

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I am employed with Swissport at Bristol Airport, I was on a 39hr per week 6 day rosta (3 earlies and 3 late shifts), I along with a partner have agreed to do a job share, one doing the 3 early shifts the other doing 3 late shifts, so we thought everything will be split 50/50, our terms and conditions are ok but our monthly wage is based on a 20hr working week as the company says they cannot give us a 19.5 hr working week, so each month we end up with +/- hours according to how many hours are completed based on 20hr week, I have complained that we are job share, they say no you are classed as part time, even though we work along side our full time college's on 39hr week
A working week is classed Monday to Sunday so some weeks we only work one day 8.5 hrs shifts so we have 11.5 hrs pay stopped, then the following week working 3 days equates to 25.5hrs so 5.5 hrs are added, I was under the impression our monthly wages would be half of what we received when working full time, also we would not complete 20hrs a week as we are on a 39hr shift pattern based over 9 weeks? I would of thought it was easier just to pay half our basic salary each month, the same as full time employees on full pay.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Whilst your assumption on how your pay would be calculated is the basic arrangement one may expect, the employer is free to arrange different terms with you and their system may mean that they cannot offer a simple halving of your pay, even if that is what you appear to be working. There are various ways in which the pay could be calculated and whilst a straight 50/50 could often work, as mentioned the employer would decide which system they want to use and that could depend on their business arrangements, the needs of the business, the usual arrangements in similar situations, etc. in any event this should have been agreed with you, or at least you should have been made aware of this at the outset when your job share was agreed. However, you cannot legally force the employer to change the current system because that is an internal matter - legally you are still being paid for the hours you actually work, even if sometimes some hours are deducted and then added back on - the end result is that you still get paid for the hours worked. So this is really about finding some middle ground with the employer and discussing the options with them. If the current system does not work for you, then you would either have to stick with it or give up the job share so you need to make a decision on what is best for you
Customer:

ok I understand thanks for your advice

Ben Jones : You are welcome
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46223
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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