Are they allowed to do this?

londondulwich

I think that the original poster is referring to themself when saying :

(the new shift manager is always pushing us to finish early, but the manager is in tomorrow)

If so, maybe isn't unreasonable to think they are an employee who works 'shifts'?

The employment contract that a shift or a rota worker has, is subject to the Employment Rights Act 1996.

For example, an employer cannot refuse to pay an employee, because the contract states that wages are subject to management approval and approval is witheld.

The Act has a dedicated section to the holiday pay entitlement. Part of that section deals with shift or rota workers.

The relevant sections can be found between 221 - 224, (I think!)

surreysaver

londondulwich wrote: »

I think that the original poster is referring to themself when saying :

(the new shift manager is always pushing us to finish early, but the manager is in tomorrow)

If so, maybe isn't unreasonable to think they are an employee who works 'shifts'?

Maybe its the manager who works shifts. Or maybe the OP works the same 'shift' everyday, in which case they do not do shifts!

londondulwich

Working a regular period on a regular basis does not mean the employee is not working a shift.

The lawyer's bible is called 'Halsbury's Laws of England'

This is an extract from the employment volume. If after reading the authority you still believe it is mistaken it may be best to inform the publishers that they are misleading the legal community and system of courts and tribunals.

The section you take issue can be found under:

Employment, volume 16, 1. Nature of a contract of emploment,4) Calculation of normal working hours and a week's pay, (ii) A week's pay, 116 Employments for which there are normal working hours, section 3 which states:

(3) if there are normal working hours for an employee when employed under the contract of employment in force on the calculation date, and he is required under that contract to work during those hours on days of the week, or at times of the day, which differ from week to week or over a longer period so that the remuneration payable for, or apportionable to, any week varies according to the incidence of those days or times, then the amount of a week's pay is the amount of remuneration for the average number of weekly normal working hours13 at the average hourly rate14 of remuneration15.

This is the web address: http://www.lexis-nexis.co.uk/site/Halsburys%20Laws%20Direct.asp

Their contact number for the queries about content is:
Content Support Help Desk

• Phone: 0845 370 1234
• E-mail: [EMAIL="contentsupport@lexisnexis.co.uk"]contentsupport@lexisnexis.co.uk[/EMAIL]

marcus45

Go on your holiday ... they can do it.. you get paid for what you signed for .. you have no redress on them not unless you can prove they somhow twisted yout arm up your back...

marcus45

Go on your holiday ... they can do it.. you get paid for what you signed for .. you have no redress on them not unless you can prove they som how twisted yout arm up your back...

shellsuit

londondulwich wrote: »

Normal working hours, for the original poster, are currently 15 and a half, before this week they seem to have been around 26.

For the purposes of the 1996 Act, normal working hours are the average hours taken from the previous 12 weeks.

The legislation is aimed precisely at employees who's working hours vary and who's pay varies in line with those hours.

If you doubt me and the Act itself, maybe ACAS' interpretation can help.

http://www.acas.org.uk/index.aspx?articleid=806

Look under the section titled "Workers with normal working hours." The sentence starting "Shift and rota workers".

Thank you for that link, I did wonder why I was getting told my information was wrong (even though that is what happens where I work and has done for the past 4 years).

Maybe some posters shouldn't be so quick to condemn people trying to help, when they aren't fully aware of the facts in the first place themselves. :rolleyes: