Bank holiday pay

[Moth63]

Please bear with me, I have a few queries. I started working for a large supermarket chain just over 2 yrs ago during the summer, while on a break from studying for a degree. When the second year started I was kept on contract for just Sundays on checkouts (9 hrs) and working overtime on other days. This stayed the same until June 6th this year when I changed over to replenishment and was put back on the 3 mths probation (different job) and given a contract for 26 hrs per week Tues (6), Wed (6), Thurs (6) and Saturday (9). However I am still having to work the Sundays on checkouts even though it's obviously not included in my new hours contract and it's not down as overtime on my payslip ..so Q1. is .. Is the first contract for Sundays still valid? Q2 is, on top of this and taking into account the extra hrs from the Sunday I have also been working 6 hrs overtime on the Monday for the last few weeks (and the forseeable future) which takes me over the hrs worked for a full-time worker and have not received any extra pay for those hrs. Q3 is I have worked every Bank holiday over the last two years and been quite happy with my time and a half until I find out that workers contracted to a Monday receive the normal rate of pay plus time and a half ......... could someone please tell me if paying a person - who has given a free day up to help out and work - less than someone who knows Bank Holidays fall on a Monday and contacts themselves to them anyway (although now I can see the appeal ..lol ) is legal or fair? ..... Cheers ...sorry it was a bit longwinded!

[buildersmate]

The answer to your latter questions about differential rates on Public Holidays is that it isn't particularly fair but it is legal. There are situations everywhere people doing similar jobs are on different terms and conditions.
I would try and dismiss any thoughts that you are regarded as 'helping out' - when doing extra hours for many large retailers. Whilst your immediate manager may value you in that way, you are just another resource to head office.

The answer to your earlier questions is less clear-cut. You appear to be saying that you have 2 employment contracts running in parallel. I've never heard of this before for someone on a normal employment contract. Did the letter that set up the second contract not make any reference to the earlier contract for working a Sunday? Do you perhaps have 2 staff employee numbers and are paid independently?

[Lil O'lady]

In addition, it sounds as if your company is using the strategy of issuing new contracts to avoid part-time workers being deemed as having accumulated full-time rights through long service and extended hours. As buildersmate says, it is not fair but it is legal. View the bottom line - are you happy to do youor job for the pay you get - and for your own peace of mind ignore what others receive. If you are not happy, your only real alternative is to get another job.

[Moth63]

Hi, cheers for the answers ......... no my pay is all on the same payslip ........ I have been told by someone else that if I DO have 2 contracts then I should be paid seperately ........... I guess I'm going to have to tackle them properly on this one .............. have tried talking to the wages clerk but it's like wading through mud!

[buildersmate]

Yes, I think they are avoiding implementing their own policies by this action (2 contracts). Whether it is being done deliberately is hard to tell.
That doesn't necessarily mean you are being discriminated against, because legally part-time workers must be treated in an equivalent fashion (but pro rata) as their full-time colleagues.
More on this here.
http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002773 8