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reality_check2016 · 12 October 2017 at 3:39PM

after working night shift at my employers for a couple of years through an agency i was given a temporary contract by the place i work at. all the employees on night shift get a shift premium but in my contract it says this does not apply. i have now been offered a new temporary contract stating the same. could anyone tell me if this is legal or do i have the right to be paid the same rate as everyone else there?

Andy_L · 12 October 2017 at 3:42PM

Unless you can show that you are not getting the extra money because of your race/sex/religion etc then it is legal for them not pay you the same shift premium as the others

reality_check2016 · 12 October 2017 at 4:16PM

thanks for the response. its my understanding that as an agency worker having completed 12 weeks employment i would be entitled to be paid the same as permanent colleagues? but as a temporary employee im not entitled to these same rights? apologies for asking the same question twice.

Comms69 · 12 October 2017 at 4:18PM

reality_check2016 wrote: »

thanks for the response. its my understanding that as an agency worker having completed 12 weeks employment i would be entitled to be paid the same as permanent colleagues? but as a temporary employee im not entitled to these same rights? apologies for asking the same question twice.

Basically yes.

reality_check2016 · 12 October 2017 at 4:59PM

ww.gov.uk/fixed-term-contracts/employees-rights(cant link but thats where this is from)

2. Employees' rights

Employers must not treat workers on fixed-term contracts less favourably than permanent employees doing the same or largely the same job,

Employers must also ensure that fixed-term employees get:

the same pay and conditions as permanent staff
the same or equivalent benefits package

so now im more confused

Comms69 · 12 October 2017 at 5:14PM

reality_check2016 wrote: »

ww.gov.uk/fixed-term-contracts/employees-rights(cant link but thats where this is from)

2. Employees' rights

Employers must not treat workers on fixed-term contracts less favourably than permanent employees doing the same or largely the same job,

Employers must also ensure that fixed-term employees get:

the same pay and conditions as permanent staff
the same or equivalent benefits package

so now im more confused

It's not that simple. The policy may not apply to ALL fixed term employees, or even apply to you solely because you are on a FTC.

And there's always the risk of them simply sacking you, as you don't have 2 years employment.

sangie595 · 12 October 2017 at 5:44PM

reality_check2016 wrote: »

ww.gov.uk/fixed-term-contracts/employees-rights(cant link but thats where this is from)

2. Employees' rights

Employers must not treat workers on fixed-term contracts less favourably than permanent employees doing the same or largely the same job,

Employers must also ensure that fixed-term employees get:

the same pay and conditions as permanent staff
the same or equivalent benefits package

so now im more confused

But that doesn't account for the fact that employees are often on didn't rates of pay or allowances. These things change and newer staff can be paid differently.

And as is common, summaries of law are misleading. What the law actually says is that employers must not treat employees on fixed term contracts differently because they are on a fixed term contract. That leaves a lot of room to manoeuvre!

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