Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Did you actually start the job 3 months ago or was this just a new contract with your existing employer?
Started new employment on 2nd Sept 2013
have they said they are going to try and rewrite your contract now?
Yes. Either re-written or an amendment.
ok let me get my response ready please
When you signed the contract and took the job, you can expect the employer to adhere to these terms contained within it. If you have relied on these terms and have worked in that job, then you can expect to be paid in accordance with these terms. So if there was a clause which provided you with a certain shift allowance and no details of any conditions that may not entitle you to it depending on the shift you do, you can expect to be paid it in accordance with the description of that benefit as it currently stands. If your employer wanted to differentiate between the type of shift when this allowance would apply then they should have made that clear to you or at least directed you to a relevant policy that deals with this.
So you can claim that you should be paid the full allowance for the time you have worked for them since the start of that job. The issue is that if they now want to change your contract to reflect the conditions of when this allowance is to be paid, you will not have many rights to challenge this due to the short time you have worked there. You can raise a grievance, but the usual option to take this further after that is to resign and claim constructive dismissal but to do so you need to have at least 2 years' continuous service. It does also mean that if you do not agree to the change and make a fuss about it, the employer can also dismiss you because you will not have any protection against unfair dismissal as you need to have the 2 years service as well.
So you can claim the payments to date and if necessary even go to court or a tribunal over it, but consider how to deal with a change to your contract now, remembering that you have limited ways of challenging that.
Thank you for your response. I am quite prepared to go along with the changes the company are going to make and will put forward your proposal of reimbursement. Would the back pay be payable up to the date I asked for it or to the date the contract changes?
until the contract changes, once the new contract applies then the allowance will no longer apply
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
Thank you. Yes this is has satisfactorily answered my question.
Can I still ask follow questions if necessary?
as long as they are related to the original query