Employer trying to change my hours and reduce my wage

Gareth2103

Currently work nights so get a 33% shift allowance. Been informed this morning that they are closing down the night shift so I'll have to go back on days and after a month's notice lose my shift allowance 

Are they allowed to do this. They say that my contract allows for a change of hours but I'm pretty confident I don't actually have a contract and during covid they actually had us sign an agreement to a change of hours should the need arise. This agreement has expired now. 

I've no real issue with a change of hours more obviously with the massive reduction in wages with little notice. They also claim I'm not entitled to redundancy (which I don't particularly want anyway) because they've offered me similar work. Surely it's not similar terms if it pays 7k less a year 

Are they right? Can they just reduce my wages by 25% 

MattMattMattUK

Gareth2103 said:

Currently work nights so get a 33% shift allowance. Been informed this morning that they are closing down the night shift so I'll have to go back on days and after a month's notice lose my shift allowance 

Are they allowed to do this. They say that my contract allows for a change of hours but I'm pretty confident I don't actually have a contract and during covid they actually had us sign an agreement to a change of hours should the need arise. This agreement has expired now. 

I've no real issue with a change of hours more obviously with the massive reduction in wages with little notice. They also claim I'm not entitled to redundancy (which I don't particularly want anyway) because they've offered me similar work. Surely it's not similar terms if it pays 7k less a year 

Are they right? Can they just reduce my wages by 25% 

They cannot "just reduce" your wages by 25%, but they can change your hours and move you to shifts which do not have a shift allowance if your contract allows and with sufficient notice. The shift allowance is likely to be structured so that it applies if you work specific hours, not a part of your base remuneration. You need to read your contract and employee handbook to see where you actually stand, but I suspect what they are doing is going to acceptable. 

TELLIT01

They aren't reducing you wages by 25%.  They will still be paying you the same basic hourly rate but will no longer be paying a night shift premium, because you won't be working a night shift.

TheElectricCow

Sounds like a lot of this may be specific to any terms you’ve agreed to previously, so first thing you should do is find out what they are. Ideally this would be in the form of a written contract, but as you seem to suggest you haven’t signed one of these you may be able to argue the case that any texts/emails/verbal agreements could form the basis of an unwritten contract with the employer. 

You mention going “back to days” which I presume means you initially were not working nights - from this we might assume that being specifically a night worker was not a term of your employment but that this just happened to be the shift pattern you ended up doing.

Whatever the case, understanding the terms of your employment will be the most important step in determining what they can and can’t do.

Now, speaking more generally, this doesn’t immediately sound like they’re doing something they’re not allowed to. It sounds like the requirement for the shift allowance is to work nights, and as there are no longer going to be any night shifts you cannot work them and therefore will not be eligible for the allowance.

Perhaps if you’d been singled out and specifically told you couldn’t work nights there would be a bit more to go with, but as the company is ceasing night time operations for everyone it doesn’t sound like you’ve got much claim to retaining that allowance.

Undervalued

Gareth2103 said:

Currently work nights so get a 33% shift allowance. Been informed this morning that they are closing down the night shift so I'll have to go back on days and after a month's notice lose my shift allowance 

Are they allowed to do this. They say that my contract allows for a change of hours but I'm pretty confident I don't actually have a contract and during covid they actually had us sign an agreement to a change of hours should the need arise. This agreement has expired now. 

I've no real issue with a change of hours more obviously with the massive reduction in wages with little notice. They also claim I'm not entitled to redundancy (which I don't particularly want anyway) because they've offered me similar work. Surely it's not similar terms if it pays 7k less a year 

Are they right? Can they just reduce my wages by 25% 

Legally you do have a contract. You turn up to work and they pay you, that forms a contract on the agreed terms. OK, it is easier to be certain what was agreed if it is set out on a sheet of paper with the word "contract" on it. However, a verbal agreement and custom and practice are both just as valid.

TBagpuss

Yes, you do have a contract. As Undervalued says, you may or may not have a written contract. You would need to check back to what your original offer letter said, whether you were sent other documentation etc.

For Covid, if you were furloughed then you would have needed to consent because that meant you were getting paid less than full salary, and  equally the agreement may have meant reducing hours below the minimum you were contracted for.

It sounds as though they are not reducing your hours, just moving you from nights to days so you are no longer entitled to the extra pay for unsocial hours . It's a bit like an employer no longer offering extra hours so you no longer have the opportunity to earn overtime. It results in lower payments to you over all but it isn't a cut to your pay or a change to your contract.
Unless your contract specified nights then I don't think that they are doing anything wrong.

If it did, then you might be able to argue that the role (of night worker) was redundant, but they are offering you suitable alternative employment.

Gareth2103

TBagpuss said:

Yes, you do have a contract. As Undervalued says, you may or may not have a written contract. You would need to check back to what your original offer letter said, whether you were sent other documentation etc.

For Covid, if you were furloughed then you would have needed to consent because that meant you were getting paid less than full salary, and  equally the agreement may have meant reducing hours below the minimum you were contracted for.

It sounds as though they are not reducing your hours, just moving you from nights to days so you are no longer entitled to the extra pay for unsocial hours . It's a bit like an employer no longer offering extra hours so you no longer have the opportunity to earn overtime. It results in lower payments to you over all but it isn't a cut to your pay or a change to your contract.
Unless your contract specified nights then I don't think that they are doing anything wrong.

If it did, then you might be able to argue that the role (of night worker) was redundant, but they are offering you suitable alternative employment.

Sorry bit more information. I was originally a day shift worker but switched to nights about 5 years ago. I did actually sign something when I changed. Just a single sheet of paper stating that I was now 9n permanent nights. 

Fully understand they hasn't actually reduced my base rate of pay. Just taken away the chance to earn the extra premium for nights. My uninformed take was my role was redundant and that perhaps a job on days maybe wouldn't be considered a suitable alternative role because while the work is the same the salary would end up being significantly less. Seems like I'm probably wrong and they are allowed to do it though 

Savvy_Sue

If you're in a union talk to them, but sounds like they can do this.

geordiejon

I worked for a major supermarket on nights for over 25 years, you should have signed a contract every year you recieved a pay rise but if your company did the same as mine the contract should state your weekly pay and the number of hours worked, the pay will only be your base rate which means they can change your hours if they want to.
unfortunately if there isn't anything on your contract which states your extra payments then they can change your hours of work.
One thing to watch for though is they tried to lose the night team within a few stores and when their warehouse filled up to the point they couldn't receive any more deliveries they reinstated the night shift.

General_Grant

geordiejon said:

I worked for a major supermarket on nights for over 25 years, you should have signed a contract every year you recieved a pay rise but if your company did the same as mine the contract should state your weekly pay and the number of hours worked, the pay will only be your base rate which means they can change your hours if they want to.
unfortunately if there isn't anything on your contract which states your extra payments then they can change your hours of work.
One thing to watch for though is they tried to lose the night team within a few stores and when their warehouse filled up to the point they couldn't receive any more deliveries they reinstated the night shift.

Don't know why you say that.
The company may write separately to say someone's pay is increasing but they can simply use the payslip to notify the employee of the change.  Neither the employer nor employee need to sign a contract each time such a change occurs.

Longwalker

Its a shift allowance, you wont be working that shift so no they dont have to pay it

Your role is redundant so they have offered you a role on a different shift pattern - your rate of pay hasn't changed

You refuse and you have legally made yourself unemployed , not redundant. A person cant be made redundant , just the job role