Argos Stopping time & a half sunday payments

ceridwen

I don't know if they can change your contract like that.

At least you are in the Union. I imagine the reason Argos is trying this is precisely because ONLY 5% of the employees ARE in a Union. If there was a much higher proportion of the staff in membership - then maybe they wouldnt try this.

I am not sure if the law allows employers to impose a paycut like this. What I HAVE read is that any change of contract requires at least 3 months notice - ie your paylevel would certainly remain the same for at least 3 months after they imposed the cut (if they manage to get away with doing so).

You need to consult your Union to make sure that - if they do manage to impose this paycut - then you give Argos an official letter stating that this is being done against your will and you do not agreed to it.

It would be worthwhile investigating whether this would count as "constructive dismissal" as well (ie the employer gave you no option but to resign - you weren't resigning by choice).

So - check out your legal position.

At least you have over a year's service - so that is one good thing. You have legal protection against unfair dismissal with that length of service.

getmore4less

AIUI they can't make Sunday working contractual for a shop unless it is the only day you work.

loads of links and the employment act also covers this


http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073792308&type=RESOURCES

three month notice to opt out.

The key being that if you were not notified of this right to opt out the notice is one month.

Check the employment t&c and handbooks etc to see if you have been notified and then get everyone to opt out the same day based on the one or three month notice required.

gadjah543

I am pretty sure that if you decide to opt out of Sundays that the company are not obliged to give you hours on another day of the week unless it suits their business needs.

CynicalScotsman

Thanks, for all your replies guys!x

SarEl

ceridwen wrote: »

I don't know if they can change your contract like that. Unfortunately, yes they can.

At least you are in the Union. I imagine the reason Argos is trying this is precisely because ONLY 5% of the employees ARE in a Union. If there was a much higher proportion of the staff in membership - then maybe they wouldnt try this. Probably true.

I am not sure if the law allows employers to impose a paycut like this. It would appear that the employer is following the legal requirements for a variation in contract.
What I HAVE read is that any change of contract requires at least 3 months notice - ie your paylevel would certainly remain the same for at least 3 months after they imposed the cut (if they manage to get away with doing so). Don't know where you read that - it wouldn't be correct. The employer must follow the following steps (a) consult on the variation then (b) if agreement cannot be reached, they may decide to impose by (c) serving notice on all staff who have refused the change, offering them a new contract containing the terms to run continuously from the end date of the notice; at which point (d) the staff member either signs their agreement or (e) is deemed to have resigned and must, if they can, make a claim to a tribunal.

You need to consult your Union to make sure that - if they do manage to impose this paycut - then you give Argos an official letter stating that this is being done against your will and you do not agreed to it. Assuming, of course, that the union members do not agree to the change. If they do, and if there is a collective agreement with the union, there is a very good chance that a tribunal would be upholding the enforcement of the new term.

It would be worthwhile investigating whether this would count as "constructive dismissal" as well (ie the employer gave you no option but to resign - you weren't resigning by choice). I suspect you meant "unfair dismissal" - if one resigns there is always a prospect of claiming constructive dismissal, although the odds are very slim. But it is possible in some circumstances to claim unfair dismissal - but it entails refusing to resign, reporting for work and working officially under protest whilst simultaneously claiming unfair dismissal and brteach of contract against your employer - not for the faint hearted (or the lonely - as in being the only one doing it)

So - check out your legal position.

At least you have over a year's service - so that is one good thing. You have legal protection against unfair dismissal with that length of service. Of course, there is "unfair" and "unfair" - we all know that there is more than one way to skin a cat - or for an employer to dispose of a worker. [/QUOTE]

Realistically, if the collective staff let this happen, the OP has few alternatives I suspect. They are a student and part-time, and walking away from this job, whether by dismissal or resignation, is going to leave them without money (and possibly a reference) for at least several months whilst a tribunal could hear the case, assuming that they win at that stage - which is not certain. Frankly I am rather surprised that the OP is paid an enhanced rate for overtime anyway - enhanced rates are generally for over-time (in other words, people who work more than a full-time week) and not part-time staff (until their hours have gone over the full-time week). That is certainly very common - even where overtime is paid at enhanced rates. And the OP may also want to take that into account before making a decision - the enhaced rate may not be available at Argos in the future, but it is likely that not many places they could work at would pay it anyway, so they may be giving up a job in the hand for none - or none better - in the bush.