Verbal Agreement Rights (ish)

craigb2791

Hi all,

This is my first post here and I can't find anything on google so I thought I would ask the Gurus!

My fianc!e was told during a work interview that she would be paid time and half for working on a sunday - it now arises that she doesn't as the company policy changed before she started (2009) and she is not entitled to it even though she has been paid it since January this year when she started.

Do we have any rights with this to go any further she she took the job on the understanding that she would supplement her income with Sunday working as the basic is not great?

Thanks for all help you can provide

marybelle01

Possibly since there is evidence that they have already paid it, so it could be implied as a contractual condition. But since she has less than 12 months service they can also sack her for pretty much any reason (or no reason) they want to, and there isn't a thing that she can do about that. They can also change the term anyway, by giving her notice and enforcing it if she doesn't agree. But sacking her would probably be less hassle for them. And is, unfortunately, the preferred method for many employers of dealing with uppity staff who try to enforce employment rights before they have the right to claim unfair dismissal. Depends on how much she wants to keep the job, I'd say.

craigb2791

so in effect there is no recourse on this as she hasn't been there long enough and they could just sack her off the back of it?

She is newest member of staff by far and on sunday she would be the only one not in receipt of time and a half if that makes any difference?

marybelle01

There's no right to be paid the same as someone else. It's only illegal if the reason for the difference is discriminatory. So yes, there isn't really any choice.