Sunday Pay: Change of Contract

LegacyUser

Hi all:

It has been mentioned to myself and colleagues that our terms and conditions may be changing.

1) We are mostly part-time workers working less than 30hrs per week.

In some cases, colleagues work 20 hrs per week.

Some staff were contracted to work on a Sunday (ie: this was not overtime but got paid double rate).

Some staff have been working a rotational shift including Sundays, as part of their contracted hours, and even though we were part time workers, we have been told that this might now go down to single time/flat rate payment, even though we have been working the same shifts for many years.

Part-time staff who were not ordinarily contracted to work Sundays and who work over time on a Sunday, are now being advised that working on a Sunday might only now be payed as single time as "overtime".

Is this a a legal change of contract for

1) Those workers who have been contracted for many years to work on a Sunday and

2) PT workers not contracted to work on a Sunday, but who will now only get single time/flat rate for any over time worked inc Sundays

Many thanks

Topps

LegacyUser

Just in case anyone in a similar situation reads this and needs advice:


"Sunday work

All kinds of businesses operate on Sundays. Shops and leisure businesses are obvious examples, but wherever you work, you might be asked to work on Sundays. It is important to know your rights when it comes to Sunday work.

Can you be made to work on Sundays?

You should check either your contract of employment or written statement of terms and conditions to see if you must work on Sundays or would have to if you were asked. If it says so, you will have to work on Sundays. If it doesn't, then the only way of making you work on that day is by a change to your contract. This is something that must normally be agreed by both you and your employer, otherwise making you work on Sundays would amount to a breach of contract.

There are special rules for shop and betting workers - see Special rules if you are a shop worker or work in betting below.

Contracts of employment
Changes to employment conditions
Breach of contract
Working on Sundays if you are a Christian

If you are a practising Christian you may have strong feelings about working on a Sunday. Everyone has the right not to be discriminated against because of their religion or belief (or because they have no religion or belief).

Speak to your employer and explain how important it is to you to have Sundays off to practise your religion. Employers will usually try to accommodate such requests (for example,by changing a shift pattern).

Religion or belief discrimination
Should you get more money for working on Sundays?

It's a matter for you and your employer as to whether you are paid more for working on a Sunday. There are no statutory rights in this area, so it depends on your contract.

Many businesses choose to reward employees who work outside normal working hours. Some pay time-and-a-half or double time, while others give extra time off.

Special rules if you are a shop worker or work in betting

If you work in a shop or in the betting industry (either at a betting shop open to the public or a bookmaker at a sports venue) you have special rights. You can opt out of having to work on Sunday even if your contractsays you have to. Your employer has to tell you about this right within two months of hiring you.

These rights don't apply if you are employed to work on Sundays only.

How to opt out of Sunday work

You opt out by writing to your employer and giving them three months' written notice that you want to stop working on Sundays.

If you decide to take the opt-out your employer doesn't have to offer you extra work on other days instead. You are likely to lose the wages you used to earn by working on Sundays.

Don't be worried about how opting out of Sunday working will affect your job security. Your employer is not allowed to treat you unfavourably (for example, deny you overtime or promotion) and you can't be dismissed fairly for refusing to work on Sundays under this right. An Employment Tribunal can award compensation if your employer breaks the rules.

How to resolve a problem at work
Long-standing shop and betting workers

If you are a long-standing shop or betting worker, you are already protected. If you are a shop worker, this applies if you have been working for the same employer since 25 August 1994. If you are a betting worker, the date is 2 January 1995. If you fall into either of these categories you only have to tell your employer that you don't work on a Sunday. This extra protection does not apply in Scotland.

If you are happy to work Sundays you can give your employer a written 'opting-in' notice that says you are prepared to work on Sundays. You must then agree exactly what work on Sundays, or on a particular Sunday, you are willing to do.

Any shop or betting worker who opts in to Sunday working has the right to opt out again at a later date (as long as they give the required notice).

What to do if you have problems

If you are worried about being asked to work on Sundays, you should talk informally to your employer first. If you are a shop or betting worker, think about whether to submit an opt-out.

If you are a shop or betting worker and feel you have been badly treated because you have opted out of Sunday work, you should follow the steps set out in the article on resolving problems at work.

Tigger

Different country