Contract changed in October but I've only just been made aware

Marrowpop

Hi,

I hope someone can advise me.

I am in my second year of an apprenticeship. I've been on annual leave from Monday - Friday this week, but had agreed with my manager that I would work today and tomorrow (Sat/Sun). I went in today and one of my colleagues told me that the other apprentice had been in a terrible mood yesterday (Fri) because he found out we no longer get paid double time for Sunday's.

I have since spoke to the other apprentice and he's told me that we have a new contract, in place from October last year, which states we just get our normal hourly rate for working Sunday's. Neither of us had been told about this change, nor have we seen this new contract. Edited to add: we have both worked almost every weekend since last October so we are missing money. Looking back now I wish I had paid closer attention to my weekly pay packet but always assumed it was correct.

Is this allowed? This is just the latest in a long line of messy moves from my employer and I am getting extremely frustrated to say the least.

Thanks in advance.

McKneff

I wouldnt go in all guns blazing. Go and ask what is happening, dont take gossip as gospel.

If you have worked for your company less than two years, they can just show you the door
and they dont have to tell you why.

Marrowpop

McKneff wrote: »

I wouldnt go in all guns blazing. Go and ask what is happening, dont take gossip as gospel.

If you have worked for your company less than two years, they can just show you the door
and they dont have to tell you why.

Hi

Thanks for the reply. I have no intention of going in all guns blazing but just want to make sure I know my rights when I do speak to my manager on Tuesday. The other apprentice said he spoke to someone in HR on Friday who confirmed everything and, based on previous experience, it wouldn't surprise me at all. I'll wait until it has been confirmed to me directly but just want to know where I stand beforehand.

Cheers

breakinthesun

Hi

Think of your position in purely contractual terms - if your original contract says that you get paid double-time on Sunday, and they changed this without notifying you, then they're not upholding the contract that was agreed between you and them. Payment terms are fundamental to most contracts of employment so it's not something your employer can unilaterally decide to change without your agreement. Worth noting if your contract says you get double-time time and you have been paid less, you have a potential claim to recover the money. The "new contract" is a bit of a red-herring : take a really close look at what your original contract says because that's the one that is currently effective.

A problem that you might encounter - if your employer has been paying you for a regular shift for some time, they may suggest that you have impliedly accepted this change. This argument is going to be really difficult to overcome if your original contract is vague on paying you double-time for Sundays.

Marrowpop

breakinthesun wrote: »

Hi

Think of your position in purely contractual terms - if your original contract says that you get paid double-time on Sunday, and they changed this without notifying you, then they're not upholding the contract that was agreed between you and them. Payment terms are fundamental to most contracts of employment so it's not something your employer can unilaterally decide to change without your agreement. Worth noting if your contract says you get double-time time and you have been paid less, you have a potential claim to recover the money. The "new contract" is a bit of a red-herring : take a really close look at what your original contract says because that's the one that is currently effective.

A problem that you might encounter - if your employer has been paying you for a regular shift for some time, they may suggest that you have impliedly accepted this change. This argument is going to be really difficult to overcome if your original contract is vague on paying you double-time for Sundays.

Thank you.

In my current/original contract, under "overtime", it states:

"Subject to management approval hours worked in excess of 40 hours will be paid at time and a half and Sunday's will be paid at double time."

My normal working hours total 40 so this to me means I'll get time and a half on Saturdays and double time for Sunday's. So do you think I should be within my rights to put through the claim for back pay?

Undervalued

breakinthesun wrote: »

Hi

Think of your position in purely contractual terms - if your original contract says that you get paid double-time on Sunday, and they changed this without notifying you, then they're not upholding the contract that was agreed between you and them. Payment terms are fundamental to most contracts of employment so it's not something your employer can unilaterally decide to change without your agreement. Worth noting if your contract says you get double-time time and you have been paid less, you have a potential claim to recover the money. The "new contract" is a bit of a red-herring : take a really close look at what your original contract says because that's the one that is currently effective.

A problem that you might encounter - if your employer has been paying you for a regular shift for some time, they may suggest that you have impliedly accepted this change. This argument is going to be really difficult to overcome if your original contract is vague on paying you double-time for Sundays.

Yes, the OP may have a claim for the loss of pay, assuming they weren't actually given notice of the contract change.

However as they are in their "second year of an apprenticeship" they have presumably been employed for less than two years and have no job security. Making such a claim (assuming it can't be sorted out amicably) could well mean they won't be employed much longer.

Marrowpop

Undervalued wrote: »

Yes, the OP may have a claim for the loss of pay, assuming they weren't actually given notice of the contract change.

However as they are in their "second year of an apprenticeship" they have presumably been employed for less than two years and have no job security. Making such a claim (assuming it can't be sorted out amicably) could well mean they won't be employed much longer.

Hi

Thanks for your reply.

There was definitely no notice of the contract change.

With regards to the 2 year comments, surely they couldn't dismiss me for wanting to claim back money I am entitled to? I've been googling it and from what I've found, they cannot legally change my contract without my agreement and so I am entitled to the missed pay. If they were to dismiss me based in this would that not count as automatically unfair dismissal where I could claim regardless of my length of service?

Apologies if I've got my terms mixed up here - as I say it's all come from google so I might have the wrong end of the stick!

General_Grant

Marrowpop wrote: »

Hi

. . . If they were to dismiss me based in this would that not count as automatically unfair dismissal where I could claim regardless of my length of service?

Unfair dismissal claims not requiring the two year service includes seeking to enforce a statutory right.

Enhanced pay for overtime and Sunday working is a contractual right (it would appear), not a statutory one.

Undervalued

Marrowpop wrote: »

Hi

Thanks for your reply.

There was definitely no notice of the contract change.

With regards to the 2 year comments, surely they couldn't dismiss me for wanting to claim back money I am entitled to? I've been googling it and from what I've found, they cannot legally change my contract without my agreement and so I am entitled to the missed pay. If they were to dismiss me based in this would that not count as automatically unfair dismissal where I could claim regardless of my length of service?

Apologies if I've got my terms mixed up here - as I say it's all come from google so I might have the wrong end of the stick!

You could certainly make a claim (if necessary) for the back pay. How your employer would react is a judgement call only you can make.

With less than two years service you can be dismissed for no reason at all, or for any reason that is not legally protected. Asserting a statutory right is a protected reason (as is trade union membership, race, religion etc). However, as has been said, you are talking about a contractual entitlement and not a statutory one.

So, if they have a mind to get rid of you they will not have any problem finding a way. That is the harsh reality I'm afraid.

I sympathise and it is always good to know your rights. However, in the real world it is also good to know when it it prudent to assert them.

Undervalued

Marrowpop wrote: »

Thank you.

In my current/original contract, under "overtime", it states:

"Subject to management approval hours worked in excess of 40 hours will be paid at time and a half and Sunday's will be paid at double time."

My normal working hours total 40 so this to me means I'll get time and a half on Saturdays and double time for Sunday's. So do you think I should be within my rights to put through the claim for back pay?

Within your rights to? Yes (based on what you have posted here)

and the question you didn't ask....

Would be wise to? Ummm - That needs careful thought!

comeandgo

Who is your apprenticeship through, you could ask for their help.