Shift allowance.

[chillin out]

Also, can workers be forced to work bank holidays if it is written in their contract of employment that they are expected to work some of them?

ooops , sorry chilling..........Instead of " quote" I did an edit!!
Grrrrrrrrrrrrrrrrrr

[Abe]

When workers are doing a set shift pattern, is it law that they get a shift/unsociable hours allowance?

Ill check the position on this one and revert

Also, can workers be forced to work bank holidays if it is written in their contract of employment that they are expected to work some of them?

If its in the contract then it is enforceable, as a refusal will consitute a breach.

The wording in the contract requires to be construed carefully. If it says " some" ( which I think unlikely) then need to determine what "some" means.

The contract will , or should define the meaning of " some" ie: a contract must be specific.

The terms must also be "reasonable" and if terms are unreasonable they are unenforceable and can be struck out completely.

Terms must be clear and not "onerous"

Hope that helps

[Abe]

When workers are doing a set shift pattern, is it law that they get a shift/unsociable hours allowance?

The "allowance" you speak of must be a contractual obligation, ie: enshrined in the terms of the contract.

There is no law as such which says that "an employee" should get paid an allowance, the law does however offer" guaranteed payments" which apply where an employee turns up for work, but does no work.

Case law:

Hussman Manufacturing Ltd v Weir [1998] IRLR 288, concerned a night shift operator who was entitled to a shift allowance. His employers introduced a three-shift system which meant that he was switched to a 'back shift' where the allowance was lower, because the hours of work were less unsociable. He objected to the change in shift and the consequent reduction in his pay and claimed that he had suffered an unauthorised deduction from his wages. A tribunal found that the employers were contractually entitled to move him from one shift to another without his consent, but went on to find that the employers were not entitled to reduce his pay unilaterally. The employers appealed successfully. The Employment Appeal Tribunal sitting in Edinburgh ruled that the fact that the consequence of a permitted or lawful act on the part of an employer is a drop in an employee's income does not in itself give rise to an unauthorised deduction from wages. In this case, the wages properly payable to the employee once he was moved lawfully in terms of his contract, albeit under protest, to a different shift were those payable to everyone working on that shift. Accordingly, there was no unauthorised deduction from wages contrary to s 13, ERA 1996. The EAT accepted that to continue in force payments to the employee 'to reflect what he received on the night shift would be perverse, and contrary to sound industrial practice. It could well also lead to equal pay claims from persons who were already on the back shift being paid at the rate applicable to that shift.'

[Abe]

By virtue of the Working Time Regulations 1998 (SI 1998/1833), reg 30, certain provisions of the Regulations may be enforced by a worker presenting a claim to an Employment Tribunal where an employer has refused to permit him to exercise such rights. These are:

*
(a) daily rest period;
*
(b) weekly rest period;
*
(c) rest break;
*
(d) annual leave;
*
(e) failure to provide compensatory rest, insofar as it relates to situations where daily or weekly rest periods or rest breaks are modified or excluded;
*
(f) failure to provide adequate rest, insofar as it relates to situations where daily or weekly rest breaks are excluded;
*
(g) the failure to pay the whole or any part of the amount relating to paid annual leave, or payment on termination in lieu of accrued but untaken holiday.

[chillin out]

So the answer is no then?

Chillin

[Abe]

So the answer is no then?

Chillin

The answer is if its in your contract you must work them.

But bear in mind, that you can only work the hours that the law allows.

[chillin out]

Thanks Abe, this clears things up.

Chillin

[rosy8235]

What hours do you need to work before you are entitled to shift allowance

my hours have been changed and I now have to work until 7pm some days instead of 5pm, am I entitled to anything for working anti-social hours?

I would say not - 7:00pm is hardly anti-social! I think that refers more to people that work nights or who have to get up at 3:00am and deliver milk / newspapers etc

A decision to pay shift allowances is a company policy one. It is not part of central Government legislation

You need to refer to your company's Handbook if there is one, or previous norms.

Unless its part of policy, you have no entitlement.

If your offer of employment had a clause in it stating your hours of work, you may have a case to decline to change the hours.

However most companies merely state the number of hours, not the shift pattern...

put some clause in to say they may change it according to future business need.

I used to work 6-2, 2-10, 10-6 shifts. 20 % allowance for days and 40% for nights.

Double day shifts used to be 6-2 and 2-10 both still at 20%.
So i don't think you are really entitled to shift allowance or premium.

But..............putting 2 hours on your finish time aint good!!!!!! i think you DO have an argument for more ££ or some other benefit(early finish Friday etc) if you have to do it regularly or your working times have been permanently changed.

Take it up with your boss or employee group.If you hav'nt re signed your contract you could always say no to a late finish.

Unless its part of policy, you have no entitlement.
If your offer of employment had a clause in it stating your hours of work, you may have a case to decline to change the hours.

However most companies merely state the number of hours, not the shift pattern, or put some clause in to say they may change it according to future business need.

A decision to pay shift allowances is a company policy one. It is not part of central Government legislation. You need to refer to your company's Handbook if there is one, or previous norms. Unless its part of policy, you have no entitlement.
If your offer of employment had a clause in it stating your hours of work, you may have a case to decline to change the hours. However most companies merely state the number of hours, not the shift pattern, or put some clause in to say they may change it according to future business need.

[efgh851]

[size=2]TPL is the best! Keep up the great work!