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  • FIRST POST
    • jumper12
    • By jumper12 23rd Jan 18, 3:22 PM
    • 18Posts
    • 2Thanks
    jumper12
    Boxing day pay....
    • #1
    • 23rd Jan 18, 3:22 PM
    Boxing day pay.... 23rd Jan 18 at 3:22 PM
    Hi.

    Just wondering if you could help.

    My company opened up late on boxing day (Tuesday) compared the the normal opening times for any other Tuesday.

    This meant I could not start at my normal time. The company still paid me for the correct amount of hrs I normally would work for that day but they never paid me the nightshift rate I would have been paid had I worked my actual contracted time.

    They are saying they do not have to. I disagree as I have a contract stating my working times and if they decide to change the hrs then as a result I should not lose out financially.

    Who is right.
Page 1
    • Comms69
    • By Comms69 23rd Jan 18, 3:29 PM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    • #2
    • 23rd Jan 18, 3:29 PM
    • #2
    • 23rd Jan 18, 3:29 PM
    Need more info.


    If the contract says you will work X number of hours then that is all you are owed (regardless of any bonus payments for night shifts)
    • jumper12
    • By jumper12 23rd Jan 18, 6:45 PM
    • 18 Posts
    • 2 Thanks
    jumper12
    • #3
    • 23rd Jan 18, 6:45 PM
    • #3
    • 23rd Jan 18, 6:45 PM
    If you work between 10pm and 6am you are paid a nightshift rate under the terms of your contract. My contract hrs are from 5am.
    • Comms69
    • By Comms69 23rd Jan 18, 9:04 PM
    • 2,970 Posts
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    Comms69
    • #4
    • 23rd Jan 18, 9:04 PM
    • #4
    • 23rd Jan 18, 9:04 PM
    But you didnít work the night shift...

    Typically a contract states for example work 16 hours per week, and then a rota provides the actual hours
    • jumper12
    • By jumper12 24th Jan 18, 4:07 AM
    • 18 Posts
    • 2 Thanks
    jumper12
    • #5
    • 24th Jan 18, 4:07 AM
    • #5
    • 24th Jan 18, 4:07 AM
    Hi

    Yes i get that.

    However I am contracted to. Yet through no fault of my own I was put in a position where I could not as the premises was opened up late. Therefore I am thinking I should be.
    • jumper12
    • By jumper12 24th Jan 18, 4:09 AM
    • 18 Posts
    • 2 Thanks
    jumper12
    • #6
    • 24th Jan 18, 4:09 AM
    • #6
    • 24th Jan 18, 4:09 AM
    It also states my working days and times in my contract.
    • agrinnall
    • By agrinnall 24th Jan 18, 8:48 AM
    • 20,143 Posts
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    agrinnall
    • #7
    • 24th Jan 18, 8:48 AM
    • #7
    • 24th Jan 18, 8:48 AM
    The two usual questions, how long have you worked there and are you in a union? Sometimes you need to pick your battles, and this may not be one to choose.
    • jumper12
    • By jumper12 25th Jan 18, 11:17 AM
    • 18 Posts
    • 2 Thanks
    jumper12
    • #8
    • 25th Jan 18, 11:17 AM
    • #8
    • 25th Jan 18, 11:17 AM
    Six years or so and yes I am in a union. The reason I ask is not just because of myself, it's also on behalf of everyone else who would have been contracted to work night hrs but as a result of something that was not their own doing they also were not paid.
    • jobbingmusician
    • By jobbingmusician 25th Jan 18, 11:32 AM
    • 19,141 Posts
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    jobbingmusician
    • #9
    • 25th Jan 18, 11:32 AM
    • #9
    • 25th Jan 18, 11:32 AM
    In that case, I would definitely get on to the union.
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    • gardner1
    • By gardner1 25th Jan 18, 11:34 AM
    • 2,457 Posts
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    gardner1
    Tesco by any chance
    • jumper12
    • By jumper12 25th Jan 18, 5:22 PM
    • 18 Posts
    • 2 Thanks
    jumper12
    The Green one.

    So do you guys think they should pay..?

    It was a contracted day and the contracted hrs fell over the nightshift hours. They were the ones who decided not to open until later then they normally would. Some staff didn't even know it was opening late and were sat in the car park from 5am - 7am waiting.
    • sangie595
    • By sangie595 25th Jan 18, 5:41 PM
    • 4,553 Posts
    • 7,642 Thanks
    sangie595
    The Green one.

    So do you guys think they should pay..?

    It was a contracted day and the contracted hrs fell over the nightshift hours. They were the ones who decided not to open until later then they normally would. Some staff didn't even know it was opening late and were sat in the car park from 5am - 7am waiting.
    Originally posted by jumper12
    What we think isn't relevant. What your contract says is. And policy, which forms part of your contract. So it depends whether anyou have absolute right to that allowance or not. Given the employer, I'd bet not. Do you get it if off sick or on holiday? If not there's no absolute right to the allowance. In which case, probably not. And much as everyone here will tell you I am union through and through, I doubt the union can do anything with that employer. When they first bought that firm they attempted to ban unionisation, against the law, and didn't care. It went to court. They knew they'd lose. They didn't care. They tried anyway. So if the union can't move then, will you, the union be taking industrial action? This employer understands only one thing. Power. They have it. Are you going to take it off them? Believe me, I'm waiting for that day...
    • jumper12
    • By jumper12 26th Jan 18, 4:28 AM
    • 18 Posts
    • 2 Thanks
    jumper12
    They sure are the worlds worst employer.

    Check out the GMB London facebook page if you haven't already.
    • batg
    • By batg 27th Jan 18, 11:28 PM
    • 126 Posts
    • 155 Thanks
    batg
    when i worked at asda the whole shop shut on Easter Sunday. Sunday was one of my normal shifts. Their rule was, shop not open, no pay. So if I wanted paying, I had to put in a day's holday.

    edit: i see you are in the green one.
    Last edited by batg; 27-01-2018 at 11:30 PM.
    • jumper12
    • By jumper12 12th Feb 18, 7:27 PM
    • 18 Posts
    • 2 Thanks
    jumper12
    I think Easter Sunday is by law so it's different. I don't think by law they have to pay you on that day. However when THEY decide to shut I think it's a different case, hence why everyone was still paid from 7am when the store actually opened or in my case I was even though I start at 5 and I still went home at 10am.
    • batg
    • By batg 13th Feb 18, 8:19 PM
    • 126 Posts
    • 155 Thanks
    batg
    how much are you talking about because if you keep pushing it you will end up with a target on your head. We had a people manager who screwed up what they were classing a Boxing Day as one year and there were ructions on because.
    Jeeez, the poor wife!
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