can an employer fluctuate hourly wage?

mummyyummy_2

my oh employers have reduced his wage - hourly rate - without letting him know. he was doing nightshift and now hes on day shift so i can kinda understand that maybe they pay more for ntshift but can they actually do that without telling him first? we only noticed when this weeks wage was much much lower than usual, £2 p/hour lower and £3 per hour lower o/t rate. his contract just states an hourly rate and an overtime rate, ive looked and i cant see anywhere that it says the wage on the contract was just for nightshift..the only thing is my oh left those employers in sept for one week (he was going to another job but they managed to talk him round so he stayed with them) he was given a p45 but since he was only away from them for 7 days he gave it straight back to them. Since then he was never given another contract, so am assuming the contract he had in the first place is still valid ( its a standard contract they give to all employees)...does anyone have any knowledge/know where I can look to find out...thankyou

liney

Look at the contract closely; what does it say about shift allowence? And does it state actual hours ie 10pm - 6am or 40 hours weekly?

zzzLazyDaisy

If there was a full week including two saturdays between him leaving and going back, then this is a completely new job, with a new contract, and - importantly - his continuity of service runs only from the date he went back.

jobbingmusician

Yes, but this was last September. If they were going to give him a new contract, they should have done so long ago. Suggest you firstly ask employer why rate has varied (it could be a genuine mistake). If they claim it is a different rate, get down to the local CAB or advice centre with your old contract and any other relevant paperwork to see if they can help you explain to the employer that the old contract was assumed to be in force. (I think if they have failed to issue a new contract you can assume continuity of employment, but I am not a legal expert).