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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50178
Experience:  Qualified Employment Solicitor
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Unfair oppertunities

Customer Question

i work a reputable transport company and i believe i am being treated unfairly, we are a team of 30+ technicians and we work alternating shifts sun -thursday - tuesday to sat on earlys lates and nights, theres also a day team without shift pay working constant mon - friday the problem i have is a member of staff had been given shift pay to work constant lates monday to friday this means the rest of us do more weekends and nights as this member of staff has "dropped off" our shift rota i asked my manager for the same package they have been given and explained the situation with more weekends and more work therioretically, i also asked if there was a special reason maybe medical and i was told it was just easier for them to be on that shift as it saves paperwork for swap sheets etc, i too would like permanant lates on shift pay but i have been refused with no given answer, is this correct and is it legal? i would have no problem if they were on the reduced rate as they do not do shifts but my manager is making out that im the one being unresonable? please help

Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for and does your contract specify your working arrangements?
Customer: replied 2 years ago.

my contract specifys 37 hours a week with rotating shift pattern, and ive worked there for 8 years

Expert:  Ben Jones replied 2 years ago.
Thank you and have you complained to the employer about this?
Customer: replied 2 years ago.
Yes. I have asked for the same package as the other member of staff. No weekends and stil on shift pay. And they just brushed it off. I would like to know if its legal what my employer is doing. Like I say it means we all have to do more weekends and shifts and later finish times the only reason I was given was that it saves paperwork as this member of staff prefers constant lates. I also prefer constant lates but have to alternate and work weekends for the same money.
Expert:  Ben Jones replied 2 years ago.
Thank you. The fact that someone has a better arrangement with the employer and does a shift pattern that would suit you, does not mean that the employer has to give the same to others. What is important is that your employer adheres to the contract you have with them and that the reason someone is preferred or another is treated detrimentally is not due to a detrimental reason. This could include factors such as their age, gender, race, religion, etc. If none of these apply then there is nothing unlawful about an employee working under better conditions than others, even if they do the same job., A similar thing would be in relation to equal pay. Many people believe that employees have the right to be paid the same for doing the same job. That is not true. You could have two people doing exactly the same job and working the same hours and undertaking the same duties and have one person getting paid more than the other. As long as there is no discrimination as mentioned above, that is entirely lawful, even if it would appear morally questionable. So the same applies here. The employer may have granted a more favourable arrangement to one employee but it does not mean that anyone else who wants a similar arrangement should be given one too. You have a contract which you are employed in and as long as the employer follows these terms, then they are not doing anything unlawful by not allowing you to work under similar terms to the employee you mentioned. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.