AIBU to think my boss is an asshat?

[2mammas]

I'm due back at work in 6 weeks and I organised a meeting with my boss 3 months ago - months before I needed to - so I could get childcare arranged. At this meeting I told my boss that I couldn't work rotating shifts due to childcare and that I didn't want to switch to a day shift as if lose my shift allowance (25% on my wages) and I wouldn't see my DD.
My boss said that he couldn't see any problem with me working a permanent late shift and that we would run with that. I have since payed a deposit to the childminder, a deposit to the nursery and arranged classes etc in the mornings.
This week I emailed him to arrange KIT days when he throws in at the end of the email...

"Heads up I also need to apologise but it seems our previous thoughts / understanding is wrong and in fact the hours you propose / permanent late shift will not attract a shift premium at all as this does not fall within the definition of shift work but will just be in fact deemed as your normal working hours."

Now, just weeks before I'm due back, it seems he's finally approached HR and they've said its a no go so I either have to work rotating shifts or lose my shift allowance.

Sorry it's a bit long winded but do I have to go along with this? I work nearly an hour away and can't lose my shift allowance or work rotating shifts! Thoughts?

Did you put it formally in writing? Have you looked at your companies flexible working policy? Was this a formal response to your request? All sounds very informal from his end...??? Maybe worth a discussion/meeting with HR, but read your policy first. Don't forget they can decline your request... also I think you can withdraw a request, but you need to read the policy. He would have had to respond in a set period of time too... would be v. strange that would be longer than 8 weeks normally.

I don't think you can do anything tbh. You either work changing shifts and are compensated withe xtra money due to the hassle, or have set shifts and don't get the money.

You wouldn't be entitled to both unless everyone else working set shifts also receives the extra. You aren't entitled to the extra just because you are returning from mat leave

I received an acknowledgement of my request for flexible working hours but nothing after that.

My issue isn't so much that this is the case, it's that it should have been made aware to me well before now. They were very keen to keep me on so I think my boss offered what I wanted but didn't check with HR.
I do have it in writing that we were 'running with those hours' but nothing confirming it 100%

From what you've said boss verbally agreed to hours but didn't mention reduced pay, then in writing confirmed the hours you asked for but then advised of reduced pay, if I understand correctly?

He revised my hours on the understanding of keeping my shift allowance. He even asked me to change from 2-10pm to 1-9pm as this would suit him better and still fall within 'unsociable' hours and therefore attract the shift premium. I agreed to the hours.
This was 3 months ago!

Dah wrong thread!!!!

That sounds a very standard definition of shift work in return for a shift allowance. When you are not on ML do you have access to your T&Cs via inter/intranet or staff handbook?

My employer would say it is for the employee to understand the ramifications of any changes they are requesting on their pay/pensions etc, and they are set for the business, I can agree to one of my staff changing their hours/doing a bespoke shift pattern but the pay/terms/conditions for those hours or shifts are set for the business and no "boss" can change them

Do you belong to a union? They could probably sort this out for you.

Where he "revised your hours" etc, was this all just verbal? I would raise a grievance about it personally, you don't have anything to lose by doing that and it sounds like you will lose out big time if you just roll over and accept this.

I have access to the company handbook whilst at work. My problem is that he told me I would still get my shift allowance for the new shift but it was never confirmed in writing. Looks like I'm going to have to kick off in my meeting with him and HR next week but that ultimately, they've not done anything wrong? Seems wrong to me

You should have known yourself though that a permanent night shift, by your own request, wouldn't attract a premium. What would you be getting compensated for?

I was told in my original meeting with my boss that a 2-10 shift was working outside of normal working hours and would therefore still attract a shift premium.

You should be able to find out from the company handbook and HR what working times attract a shift allowance.
Your flexible working request should have been responded to in writing within a set timescale, it doesn't sound like it has been.
You have in writing that your boss was happy to work with your request, and also that he thinks it wouldn't attract a shift allowance payment. Challenge all of these things in your next meeting. If possible take a union rep with you, or failing that a colleague to listen to what is being said and take notes.
Arm yourself with knowledge so you're prepared. Remember he may not be familiar with the procedures for dealing with your request though it's his job to be so stand your ground and fight for what you have reasonably requested.
Good luck!

Thank you!

What is the shift allowance paid for? I mean actually stated in your contract?

I'll have to dig my contract out and see...

In nursing (and Australia) to get a continuous shift worker penalty, staff who do permanent nights have to go onto days for two weeks a year (or something similar). Could sonething similar be applied to you?

I worked for a company where unsociable hours payments were made regardless of whether you had requested those hours or not. Agree you have to get all your facts straight and then take it further.

I would look in your employee handbook or contract, but in my place of work you only keep a shift allowance for certain shift patterns so I don't think you will get anything changed. Boss is an asshat though and should not have agreed anything without checking first.

You can't be paid a shift enhancement if you're not working shifts. This should have been obvious to you and your boss. At least it's being made clear before you go back. I'm sorry but I don't think you have a leg to stand on.

My employer pays shift allowance if you work outside certain times; 2-10 would attract a payment. The allowance is paid in full for those who work all of the different shifts and at a reduced amount for those who work one set shift (i.e. are unavailable for other shifts), part time or who don't work night shifts. Those who only work day shifts don't get shift allowance because they don't work unsociable hours. All employers are different though.
As I said before, get all your facts straight and take it from there.

Tigger unless you know where OP works and have access to her contract or terms and conditions you cannot possibly know that.

I have had what people refer to as "shift payments" for working evenings, I didn't have to work rotating shifts. It really can be very different from workplace to workplace IME.

Either way, OPs boss told her she would get the payment so really they should honour that agreement for at least a certain period of time, if they have any integrity.

I agree. I should have said can't expect to be paid shift enhancements when not working shifts. Unsocial hours payments wouldn't cover her shifts either in most places I'm aware of that have those increments.