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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 733
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I work part time at a well known University Library in the

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I work part time at a well known University Library in the UK. It is a permanent contract that requires me to work 9-5 every other saturday and sunday. Three times a year, I am contracted to work on a bank holiday monday and university closed day (tuesday). I am not offered any additional financial incentive to work these shifts and it is a requirement of the job. However, weekday staff (part-time and full time) who are contracted to work on the monday that the bank holiday would fall, are given the day off with pay. Moreover, if the university is short staffed, they will ask them to work and pay an additional financial incentive. Meaning, if a staff member who normally contracted to work on a monday accepted the offer to work on the bank holiday monday, they would be paid for the day off, paid a base rate to come in and paid double or triple pay to work the shift. Meaning, they may earn three times the amount I would earn to work the same shift. I just want to know where I would stand in terms of challenging this.
Customer: replied 3 days ago.
The University is in England, sorry I forgot to specify this.

Hello my name is Ross and I can help with this matter.

Customer: replied 3 days ago.
Ok that’s great!
Customer: replied 3 days ago.
Sorry, I have never used this app before so I am not too sure how it works haha

The may be an equal pay matter or additionally at least a contractual matter. What you need to do is officially raise a grievance with the University, they will provide you with university's grievance procedure upon request. You will be invited to a hearing where you will get to put your case forward. If they uphold your grievance then you can be entitled to pack pay for 2 year (maximum). However, if they do not agree then you will have to appeal the decision and give the reasons for your appeal. If you still do not get the result that you are looking for, or feel you are entitled to, then you can make an application to Acas for early conciliation. Acas will then work as an intermediary body to try and settle the dispute. However, again if this is not successful then you could raise the action with the employment tribunal. You only have 3 months minus one day after the day of the grievance to raise a legal actions however, this time period is put on "pause" when you are going through conciliation. If you are making a claim for equal pay then you can make it at any point during your employment however, if you are claiming breach of contract, which you can only do if you resign from your employment as you can't make a claim for a breach whilst the contract is still in force i.e. when you are still employed. You would also be claiming for constructive unfair dismissal if you have worked there fro more than 2 years.

 

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller and 2 other Employment Law Specialists are ready to help you
Customer: replied 3 days ago.
Thanks so much!

Best of luck moving forward.