Advice Please

jodt2303

Three and a half weeks ago I started a new job (20th June) on a 39.5 hour week, salaried contract. Yesterday I was informed that as of next week I will be on a 4 day week becuase everyone else has been on a 4 day week since before I was offered the job, but they thought that they would give me a month to "bed in" before telling me. This, obviously means taking a 20% pay cut which leaves me worse off than in my old job which I left for this one. My employers knew all along that I was going to be on a 4 day week but neglected to tell me until now. I am fuming, but what can I do?

All advice will be greatly appreciated.
Jo

saintjammyswine

No advice but, Ouch. Sorry.

thegirlintheattic

What does your contract say?

jodt2303

Nothing in the contract, but in the staff handbook it says " Shortage of work: If there is a temporary shortage of work for any reason, we will try to maintain your continuity of employment even if this necessitates placing you on short time of having to lay you off work without pay other than statutory guarantee pay"

Because I havent been here a month yet, i also dont have to give notice yet either which, while attractive, would leave me up the creek without a paddle...

dmliverpool

Nasty trick really. It's difficult to advise. Is there a genuine lack of work on their part and can they prove it? You could play hard ball and if they sack you take them to a tribunal for unfair dismissal. I wouldn't sign until the month has finished and you have greater rights.

I would also ask to see a copy of the new contract and read them together line by line. In my varied experience the reasons an employer may shove a new contract in front of you when you first start is that they realised they can get you to do more for less, or they wanted a higher calibre person for a role and then wanted you to fall back in line with everyone else.

I would stress that doing this would put you in a less favourable situation and that it wasn't discussed at the interview stage or in the advert and possible it is not in the job description.

I would then say that this is a problem and bargain for it to be implemented in 3-6 months time. If you get that agreed your onto a winner, I would then look for another job and see it as a silly mistake, although they may have damaged your Cv with the hassle:cool:

Sambucus_Nigra

If there's a shortage of work then why the heck have they employed another person? Beggars belief.

KiKi

Do you have a contract or your Written Terms, yet, confirming the 5-day week and salary? Or an offer letter confirming the same thing?

If so, you may have a case for breach of contract, but it depends on the details and what you can prove. It sounds like they're offering you a 4 day week just because, rather than an actual shortage of work - is this true, and do you have information (eg, an email or letter) confirming this?

KiKi

jodt2303

I replaced the receptionist who had been here for 16 years as she retired and when she finished was on a 4 day week. As far as I am aware, no new contracts have been signed and I haven't been shown a new contract. I signed my 39.5 hour contract on my second day during the crossover period the lady I replaced was doing a 4 day week which I didn't know about, I thought she was just using up her holiday. Everyone working for the company is on a 4 day week, which I noticed last week but seeing that I had just signed a full time contract I thought that they wouldn't do it to me. I still accrue holiday at the full time rate.

KiKi

So you have a signed contract with a full time salary. And have they confirmed that your salary will go down in line with working fewer days?

Why is everyone on 4-days a week, is it because they don't have enough work?

KiKi

The_Thrilla

Sambucus_Nigra wrote: »

If there's a shortage of work then why the heck have they employed another person? Beggars belief.

I think I know why. It is like the solution to the old conundrum about the man leaving his 19 camels to his three sons.

The reason why the employer is behaving in this way goes something like this. There are 19 workers, and they plan to make 25% of them redundant later this year. But they can't get a nice round figure to get 25% out of 19, so they hire Jodt2303 to make 20. Then, later this year, they will make 5 of them redundant.

That's British management at its finest.

jodt2303

Yes it is going down 20%, although take home pay will only go down about 17% because of NI and Tax etc. It is a manufacturing company, and obviously because of everything thats happened work has dropped to its lowest in the company's 25 year history and they didnt want to let anyone go, which is fair enough. So everyone agreed to do a 4 day week until things pick up enough to go back to 5. Things are getting better and we are getting busier but not enough to go back. I don't have a problem with working a 4 day week for less money to save someones job, but they knew thats what I would be doing as my predecessor was doing it and they didn't tell me and as a result I am worse off. My Fiance is a full time mature student - he is retraining, so not bringing home any income and we need to find somewhere to live as soon as possible. My full salary would have been enough for me to get a mortgage on a property, but now I cannot and we are stuck.