Variable pay - Shift work?

Galloglass

How valuable are you to your employer? Can you get another job later? Pointing out you can exit may change their minds. 

After 4 weeks on furlough you can take redundancy
https://www.gov.uk/lay-offs-short-timeworking/applying-for-redundancy-

Some companies are paying over the (furlough) odds to keep key staff they will need later. It is down to the foresight of the business.

domjon1

gary83 said:

domjon1 said:

gary83 said:

I know they’re included in the contract, but how is it worded in the contract?

I don't have a copy to hand tbh. What are the ramifications of any wording?
Ie what would you be looking for that could swing the decision either way? 

The current guidance says “Bonuses, commissions and fees are not included as part of your monthly earnings.” (This is an issue that’s effecting a lot of people, for instance sales staff where the majority of their wages is compromised of commission) How your contract is worded will have an outcome of whether or not your weekend extra pay would be considered a bonus, there is no legal requirement to get paid extra for working at the weekend if your contract says something along the lines of you are contracted for x amount of hours for which you will be paid y In addition any hours worked at the weekend will attract an extra payment of z it’d be quite hard to argue that this wasn’t a bonus.

do you have a recent payslip you could look at? How’s it recorded on there?

Number of hours worked is recorded on the payslip as "Basic" 
Weekend increment is recorded on the paysilp as "Overtime."
Shift allowance is recorded as "shift allowance"

I guess i know where you're gonna go with that. 

But the guidance on "bonus and commission" is for salaried workers no?

The guidance on "workers on variable pay" suggests taking an average. 

It all comes down to the interpretation of what is a "worker on variable pay" then? For which, helpfully, there's no guidance. 

The company will no doubt argue then that our basic salary means we are "salaried workers".  Which i guess is perfectly arguable. But which rather goes against the spirit of the chancellors 80% of "usual wage". 

None of us have ever earned our basic wage, and nobody in their right mind would ever go to work there for that amount. 

lstephenson

We are in the same situation husband works permanent nights and gets a guaranteed shift allowance. This is in his contract. Company are now offering 90% of day shift rate which is 40% less than he normally earns. 

dave.b

I'm in the same boat, my wage say basic plus 20% shift allowance.I rang work today, spoke to my manager and asked what are we getting payed and he doesn't know. I get payed weekly so should be interesting to see what happens Thursday. 

domjon1

After some communication with senior mamagers my company is holding the line that the guidance isn't clear enough and the risk is too great for the company to use anything other than basic pay as a base for calculation.

Gonna see what ACAS advise, will report back if i get a definitive answer. 

Jeremy535897

It is up to employers what they claim, so long as they apply the rules. They don't have to amend your pay down to that figure.

domjon1

Jeremy535897 said:

It is up to employers what they claim, so long as they apply the rules. They don't have to amend your pay down to that figure.

The problem is the guidance is open to interpretation and the company trusts the government less than the employees trust the company. 

domjon1

Just to update, we won this battle but it took concerted pressure on the company. Keep pressing if you're in the same situation.