Latest posts:
Rate this!
jim wayne
Member - 3 posts
Well sections 221-224 of the 1997 employment act seems to back his claims. It specifically mentions shift allowance, or average of, should be paid in holiday pay. As holiday pay is supposed to represent an average of the 13 weeks' earnings prior, and he has worked 13 weeks of nights, he should get it by his logic. Also, he IS effectively taking his holidays between 10pm and 6am, as he IS booking that actual shift/hours off, as these are now his permanent hours.
To simplify, imagine if the NHS or Post Office told their employees they would NOT get shift pay in their holiday pay!
The problem I also haven't added yet, is that we have got many employees on alternate weeks 6-2pm (NO shift allowance paid) 2-10pm(15% paid) and this employee says we should pay them 7.5% on their holiday pay, and that he finds it bizarre we don't simply pay employees working THOSE hours the same every week (ie. 7.5%) including in their holidays. I must admit, it seems daft we pay employees 15% one week and nothing the next, then mess about taking 1 days shift allowance off them when they take a 2-10pm shift off, or a bank hol falls on their 2-10 shift.
The complainant states we are getting "the benefit of permanent shift workers from our side, while treating their shift benefits as 'casual' their side." I have some sympathy with that, and he has left it alone now, stating that when he finishes employment with us, he will officially request back-payment of this money, and if we refuse he will retrieve it through the tribunal system, and says he will certainly win. The worrying thing here, is that the company as said before has been doing this to day/evening workers for 2 years, so IF we are in the wrong we will be hit with a big bill for backpaying all the OTHER shift workers in this fashion for 2 years plus.
I am seriously worried he is right, the more I think about it.
Rate this!
jim wayne
Member - 3 posts
I have an employee who works permanent days, 6-2. He has recently agreed to work a new night shift we are initiating from Monday next, 4 nights a week. The department next door have staff who work permanent evening shift for a 15% allowance added. Our employee asked them if they got shift allowance when taking earned leave/holiday. Upon learning they do NOT get this, he then claimed this was illegal and refused to sign a contract to do permanent nights unless his holiday was paid at the same rate as permanent nights, ie with the 25% night allowance included. The company pays permanent shift employees at only BASIC day rate when on holiday.
Which of us is correct please?
0 (0)
