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  • FIRST POST
    • reality_check2016
    • By reality_check2016 12th Oct 17, 3:39 PM
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    reality_check2016
    Shift Premium
    • #1
    • 12th Oct 17, 3:39 PM
    Shift Premium 12th Oct 17 at 3:39 PM
    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?
Page 1
    • Andy L
    • By Andy L 12th Oct 17, 3:42 PM
    • 8,578 Posts
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    Andy L
    • #2
    • 12th Oct 17, 3:42 PM
    • #2
    • 12th Oct 17, 3:42 PM
    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
    • By reality_check2016 12th Oct 17, 4:16 PM
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    reality_check2016
    • #3
    • 12th Oct 17, 4:16 PM
    • #3
    • 12th Oct 17, 4:16 PM
    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
    • By Comms69 12th Oct 17, 4:18 PM
    • 1,292 Posts
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    Comms69
    • #4
    • 12th Oct 17, 4:18 PM
    • #4
    • 12th Oct 17, 4:18 PM
    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.
    Originally posted by reality_check2016
    Basically yes.
    • reality_check2016
    • By reality_check2016 12th Oct 17, 4:59 PM
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    reality_check2016
    • #5
    • 12th Oct 17, 4:59 PM
    • #5
    • 12th Oct 17, 4:59 PM
    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
    • By Comms69 12th Oct 17, 5:14 PM
    • 1,292 Posts
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    Comms69
    • #6
    • 12th Oct 17, 5:14 PM
    • #6
    • 12th Oct 17, 5:14 PM
    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
    Originally posted by reality_check2016


    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
    • By sangie595 12th Oct 17, 5:44 PM
    • 4,176 Posts
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    sangie595
    • #7
    • 12th Oct 17, 5:44 PM
    • #7
    • 12th Oct 17, 5:44 PM
    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
    Originally posted by reality_check2016
    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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