Can an employer unilaterally change how many hours they will pay?

Lungboy

I work at a university, and as with all universities it pays post-graduate students to "demonstrate" in practicals and on fieldwork. We pay very highly per hour (~£16.50 an hour). On fieldwork, the postgrads used to get paid for 6 hours per day, but to cut costs the university has now reduced this to only 2 hours pay per day, where they work 9-5 and sometimes longer. Can they do this? The contracts are a bit of a mess, as they get a part time contract with no actual hours attached, and then for each module that they demonstrate they will get a separate contract with the expected hours. They then have to file a claim for their wages, where the claimed hours should match the contracted hours.

Undervalued

As far as one can tell without actually seeing the contract then yes.

What you describe is almost certainly a "zero hour" contract with no guarantee of any minimum number of hours work.

Even if not then it is still easier than most people realise for an employer to change an employment contract.

Finally, I would imagine that most of the people you describe have been employed for less than two years? If so, their contract can be terminated for any non discriminatory reason (or no reason at all).

What they cannot do is reduce the pay to the point that it falls below the minimum wage for the total hours actually worked. So, if they are actually working for six hours but only getting £33 (16.50 x 2) then that would be unlawful.

getmore4less

Just "work" the paid hours is your response to reduced hours paid.

If you work to the paid hours will that be enough to meet the needs for the degree.

Owain_Moneysaver

Surely if the postgraduates are only being given contracts for 2 hours they should only work for 2 hours a day.

Walk in, do 2 hours' work, then walk out.

sangie595

Owain_Moneysaver wrote: »

Surely if the postgraduates are only being given contracts for 2 hours they should only work for 2 hours a day.

Walk in, do 2 hours' work, then walk out.

Unfortunately it isn't that easy for postgraduates. Quite often gaining this sort of experience is part of the expected learning process for higher degrees - refusing to do it would be cutting off their noses. Many universities don't pay at all - so there won't be a shortage of people to take their places if they refuse.

And I am not sure that this is a zero hours contract at all. The usual structure of this type of work as described by the OP is actually self-employed, so the provisions of the national minimum wage do not apply - they are workers and not employees. This is consistent with the filing a claim (an invoice) for payment - and this practice is also routinely reported through HMRC, so they are complying with tax law. I am not so sure it would necessarily be upheld in employment law (although it might be) but I wouldn't expect that to be tested any time - anyone taking their own university to a tribunal should expect to see their postgraduate place terminated, and there is nothing they could do about that at all - there is no right to a postgraduate place, and it doesn't fall under the remit of employment law.

Lungboy

sangie595 wrote: »

And I am not sure that this is a zero hours contract at all. The usual structure of this type of work as described by the OP is actually self-employed, so the provisions of the national minimum wage do not apply - they are workers and not employees. This is consistent with the filing a claim (an invoice) for payment - and this practice is also routinely reported through HMRC, so they are complying with tax law. I am not so sure it would necessarily be upheld in employment law (although it might be) but I wouldn't expect that to be tested any time - anyone taking their own university to a tribunal should expect to see their postgraduate place terminated, and there is nothing they could do about that at all - there is no right to a postgraduate place, and it doesn't fall under the remit of employment law.

This sounds like it could well be what's going on. Seems very unfair to only pay for 2 hours work when they are doing a full day which would ordinarily put them under the minimum wage, but by going the "worker rather than employee" route they can bypass that.

Rosemary7391

I think whatever you do, you need to do it as a group. Otherwise they can easily give the hours to someone who doesn't complain!

Do you get any sort of breakdown of the hours? I'm not in a discipline which does fieldwork, but when I do demonstrating my hours are broken down into lab time, preparation, marking etc. Perhaps the change is motivated by a change in the structure of the course so there is genuinely less work to be done by postgrads? Regardless, that's possibly a less confrontational angle along which to inquire - phrase it as wanting to be clear what the new structure is rather than how unfair it is.