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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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hi wonder if someone could give me (and my colleagues) some

Resolved Question:

hi
wonder if someone could give me (and my colleagues) some guidance please ?
i work for a company that has 3 sites, 2 of which (not ours) have introduced a shift pattern and have paid the employees there a shift pay supplement.
last month, we received the shift pay supplement, but they have stopped it for us this month.
part of our contract of employment states that we are required to work at any site as deemed necessary.
as we are doing the same jobs as the shift workers (all be it at a different site) are we entitled to the shift pay supplement or not ?
many thanks for your help and guidance.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

How long have you worked for the employer for?

Customer:

hi

Customer:

approx 3 years

taratill :

Ok thanks, ***** ***** has the employer given for giving them a shift allowance and not you?

Customer:

the other sites started working shifts last month (aug) and were paid the shift bonus as were we

Customer:

but we do not work shifts at this site

taratill :

Ok so on what basis do you think you should be paid shift allowance if you do not work shifts at your site?

Customer:

im more curious as to if the company can ask for the shift pay they paid us last month to be repaid

Customer:

also, we are required to work at any site as needed in our contract

Customer:

meaning shift work

taratill :

Ok if they have made a mistake and overpaid you then they may deduct from your wages if your contract allows for a deduction to be made. I would suggest you ask them to clarify the position if you work at the other sites and are required to work shift as presumably you should be paid a shift allowance in those circumstances.

taratill :

If your employer says no then you will be entitled to raise a grievance about this as it would not be fair.

taratill :

Contractually, though, you would not be entitled to it so in theory you could be paid less than your counter parts. This is not illegal but it is also not good employee relations. I would therefore ask for clafirication of the issue with your employer.

taratill :

If you have any further questions please do ask.

Customer:

thought that might be the case.

Customer:

many thanks for your help :)

Customer:

i'll have a chat with the manager at head office and see where we go from here.

Customer:

thanks :)

taratill :

All the best with it. Please do take the time to rate my answer and do come back to me in the future if you need ot.

Customer:

will do

Customer:

thanks :)

taratill :

Thank you.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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