back dated paycut

nickpeck

I know this thread maybe in the wrong section but hoping someone who knows the law can point me (or rather my dad) int he right direction.

In short he has worked for the same company for over 10 years as a coach driver. He is paid a salary on a monthly basis but when away on tour (coach holidays etc) they are paid a fixed daily amount.

Last week my dad was informed this fixed daily amount is to be reduced by 20% and they are back dating this to April 1st 2011.

Can this be legal?
He's got a meeting with the owner tomorrow so anything that he should say not say would be really useful.

Thank you in advance.

vax2002

the best solution is to find another job as quickly as possible, obviously the company is in serious financial trouble

nickpeck

vax2002 wrote: »

the best solution is to find another job as quickly as possible, obviously the company is in serious financial trouble

Only has another 7 weeks then he's finished (retirement).
Nice parting gift from the owner.

newbutold

I am sorry I cannot answer your question.

However there used to be a very knowledgeable barrister that specialised in employment law who used to post on here, I am sure they would be able to help answer your query. If you google SarEl and redundancy you should find the forum where she now posts.

Good luck to your Dad.

Fiddlestick

nickpeck wrote: »

In short he has worked for the same company for over 10 years as a coach driver. He is paid a salary on a monthly basis but when away on tour (coach holidays etc) they are paid a fixed daily amount.

Last week my dad was informed this fixed daily amount is to be reduced by 20% and they are back dating this to April 1st 2011.

Can this be legal?

I believe this would be a breach of contract for them to just decide to backdate a pay cut like that, as it's to the detriment of the employee.

They could ask him to make it voluntary, but if he retires in 7 weeks then he should stick to his guns.

s_b

thats disgusting nickpeck
not shearings is it?

nickpeck

s_b wrote: »

thats disgusting nickpeck
not shearings is it?

No, but it's probably best I don't name and shame just yet.
I'll make sure he does not agree to anything tomorrow.

getmore4less

I think he needs to refuse the change.

To enforce they would need to give 10weeks notice to end the current contract.

if they don't pay then a ET claim for illegal deduction of wages might be the claim to go for.

jazzyman01

Unless he has agreed it will not be legal. I would get him to stick to his guns, write a letter stating he does not agree to any deductions over and above the tax and NI currently being taken from his salary. As he has only 7 weeks to go I would also suggest that he state that any deductions and he will take them to an Employment Tribunal.

Assuming that he has this proposed reduction in writing and that it is clear this is the first communication, I think he would have an excellent chance for claiming for unlawful deductions under the wages act.