Employer lowering overtime pay rate

WWScotland

Hi all, and thanks in advance for any help and advice.

My problem is that I currently work for an employment agency at a large well known chemical/medicine firm for the last 2 years. I was there previously for 2 1/2 years. 2 different agencies, but the latest one took over the contract with no changes to the contract.
Currently working 12hr shifts and get paid £11.29/hr and used to get 1.5x and 2x the hourly rate for overtime.
This was not a problem until last week when our overtime pay was cut without warning to £12.54 per hour. When we work 8hr days monday to friday during training etc we get £8.36/hr, when working shifts its £11.29.

Now the chemical firm says they made a mistake thats gone un-noticed for the past 4 1/2 years and given the 2 agencies the wrong pay structure.

Our contracts there state the overtime rates as:

Standard Rate mon-fri £8.36 per hr
1.5 X 8.36 – 12.54
2 X 8.36 - 16.72

Rate Full shift £11.29 per hr
1.5 X 11.29 – 16.93
2 X 11.29 – 22.58

Now they say that if we do any overtime, we get paid based on the standard rate, even though we are working 12 full shifts. Plus we have had no warning and nothing in writing.
Is this legal.

Hammyman

Your contract is with the agency, not the chemical company. It is them who you need to be discussing it with.

Russe11

I know agencies that are paying time and a 1/5th for nights, simply because they can now get peopl to work for this amount.

Though you contract states the rate, I'm sure that if you disagree with the new rates you contract will be terminated.

Ihatecameron

Try to do a deal with the agency, I am sure they would rather keep you for the sake of a few quid extra rather than risk losing the lot if you leave.