agency employment

[ConfusedMum]

does anybody have any info on the below problem, concerns agency work. if you work the majority of hours at night, could the company still pay you day turn rate, although the majority of your work is done at night? night turn pay has been paid for the previous 6months and now the employer is stating that he will no longer pay night pay if your shift starts before the rate begins at 6pm eg. if you start at 4pm and work 8hours in the night and 2 hours before the night shift starts does he have any legal rights to pay you all day pay? no contract was written up or signed - but there was a verbal agreement that your shift would be paid at night rate.

xXx

[Mumof2]

If there are other people working the same shift as you ask what pay they are getting?

this link gives info about written statements of employment
http://www.dti.gov.uk/employment/employment-le gislation/employment-guidance/page16367.html

[Stu Dent]

An 'AGREEMENT' constitutes a contract. A contract (usually) does not require to be in writing - and certainly not in an employment contract.

If terms are unwritten it can pose a problem - due to lack of proof. So what the Courts do is look for 'implied' terms and conditions. They look at past history to identify implied conditions. That past history shows that you were always paid X to do Y. Now your employer is offering to pay you W to still to Y (as it appears to me). You don't seem to agree with this change, so it's a unilateral change - and that's a breach of contract. Furthermore since it directly relates to 'pay', it's a material breach. So what do you do?

Well, doing nothing implies acceptance. So if you really don't want to accept this change you have to fight against it - and unfortunately that takes some courage - especially if your on your own.

If you are one of a number affected (as I suspect), and you all feel the same way, then stick together. If you do, you'll find your almost there (in my experience).

If you are in Scotland you can 'implement' your employer to meet their obligations. If in England/Wales you cannot. But you can claim damages. Unfortunately this means you basically have to resign - your damages will be whatever it costs you in loss of pay. You are obligated to minimise your loss by finding another job. Employment law/ Contract law is unfortunately written with the employer in mind rather than the employee. Eighteen years of Margaret Thatcher saw to that!

Cue the right!!