Wages cut

Ialwaysgetdone

bubblegum1985 wrote: »

Did he sign a new contract or anything when he did the 5 weeks work?

If he didnt I cant see how they can change it if its in the contract.

No but they gave him a letter confirming the rate of pay for the period he agreed to cover for. He has never ever signed or been shown a contract but I understand that you don't need to have signed a contract for it to be accepted as a contract. Just doing the job for a certain length of time is enough to constitute a contract I believe

bubblegum1985

If the wording of the letter is for the 5 week cover this will be your rate of pay then after that it should go back to the usual.

Is this happening to anyone else in the company?

Ialwaysgetdone

bubblegum1985 wrote: »

If the wording of the letter is for the 5 week cover this will be your rate of pay then after that it should go back to the usual.

Is this happening to anyone else in the company?

Not happening to anybody else at that particular depot

Ialwaysgetdone

The main point though is where to get advice or help on what to do about it, people who know the ins and outs of the legalities of it all

keithrgj

if he is getting less now than his previous roll, that is unlawful deduction of wages, section 13 employment rights act

the only exception would be if he accepted an alteration of his original contract of express terms (consultation needed) and agreed to a new contract at a lower pay scale

that would entail normally a sweetener of a financial sum to do that change or redundancy option if he declined

you are looking at an ET1 claim if you cannot agree terms for a decision

Ialwaysgetdone

He asked to be paid at the same rate as the person he was covering for and they agreed which meant getting paid overtime (after 39 hours) at time and a half for Sat and double time for Sun instead of the 'weekend rate' he was previously getting which was just under time and a half for both weekend days. He did not expect not to be allowed to go back to his former pay rate when the guy returned to work.
Going back to his original contract from this coming Monday, he will never reach 39 hours, it will only be around 35 so he will never get that overtime. 'weekend rate' was originally paid for unsociable hours or something but they are not going to pay it now.

They are saying it's because he is a category B employee, whatever that means??

getmore4less

From Monday he needs to work under protest while he tries to resolve the dispute.

Ialwaysgetdone

It has been resolved to an extent, for the next few weeks anyway unless they end up like Jessops before then

dancingfairy

It might be worth getting something in writing. Even if its an email saying I've worked for you for 2 1/2 years (or whatever) at x rate, covered for someone for 5 weeks and expect/understand I will be going back to my old hours/rate. I have not agreed to my wages being cut/changed. or even something along the lines of 'having covered x for 5 weeks I can confirm I will be resuming my normal hours from blah date, being blah, with my week days being paid at x and my weekends being paid at y'.
Obviously they may then email him back and say no we want to pay you less, at which point he can submit a grievance or complaint (in writing rather than email).
df