Unsure how my wages are now being worked out.

hopper2509

I used to get paid on the 27th of the month and it was hours worked. 

The business I work at got put up for sale and a new owner took over in January. 

They kept the staff on, and when I asked about contracts they said “no you do not need one (I’ve worked at this business for 4 years prior to it being sold) as the old contract would roll over”

 It didn’t roll over and when I asked for a new contract the new owner refused to give us one.
They then told us our pay date would be moving to the last Friday of every month. Then they also said that they would be paying us the same amount each month.

 How would this be worked out? The job is part time and I used to work 16 hours a week. In January 2025 - July 2025 the hours stayed at 16 hours but since the business is now not doing so well anymore the new owner has cut the hours down to 9 hours a week. 

I’ve never been paid this way before so it’s a little confusing when I’m used to just being paid for what I’ve worked. I’ve asked the owner to clarify it a bit more but they don’t know either as they just let someone else do the wages. For example I worked 45 hours this month but only got paid for 39?

MeteredOut

What do you mean the original contract "didn't roll over"?

Assuming the new owners took over the business as a going concern, absent of you signing a new contract, or any other alternative agreement, you automatically stayed employed on the terms of your previous contract with the company.

If you worked 45 hours, and your contract states you are paid per hour, you should be paid for 45 hours.

Does your original contract allow for a reduction in hours? It sounds like they want to move you to a "per day" pay model, but they cannot do that unilaterally without your agreement.

Who is doing the wages? Have you spoken to them?

You might want to contract Citizens Advice.

hopper2509

It’s a family run business and my old employers terminated the contract with them before they left. However we were told we’d be getting a contract with the same conditions as before from the new owner. Then when the new owner took over and we asked about the contracts they just said we didn’t need one and that our employment would just continued as it was. 

MeteredOut

hopper2509 said:

It’s a family run business and my old employers terminated the contract with them before they left. However we were told we’d be getting a contract with the same conditions as before from the new owner. Then when the new owner took over and we asked about the contracts they just said we didn’t need one and that our employment would just continued as it was. 

In what way did they "terminate the contract"?

Were you given notice? Did you ask about redundancy at that point (since you've been there 2+ years)?

hopper2509

Sorry I posted my comment by accident before I’d finished. Continuing on from above^ ….

My original contract didn’t allow for a reduction below my contracted hours. The new owners haven’t been very clear at all with how they’re now calculating our pay. Apparently the wages are being done by their accountant but I have no way of contacting them to speak to them directly about it.

hopper2509

They basically told us that the business had been sold and that our contract with them as the owners had been terminated. But because the business had been bought out and they wanted to keep us on, that we were still employed by the business so we were going to get basically the same contract as before but just with the new owners names on instead, which then didn’t happen 

MeteredOut

There's so much wrong with how that's been handled.

If your previous contract was formally terminated, and you're effectively on a new contract now that is not well defined. Be wary that doing nothing could be seen as tacit acceptance of your new working conditions. You need to push for a new contract. Are there other employees in the same posiiton?

You definitely need to contact CAB. Whether you want to take it further thereafter is really up to you - an employment lawyer would be the next stop.

But, the outcome might be no job and having to chase for any compensation through the courts.

MeteredOut

hopper2509 said:

They basically told us that the business had been sold and that our contract with them as the owners had been terminated. But because the business had been bought out and they wanted to keep us on, that we were still employed by the business so we were going to get basically the same contract as before but just with the new owners names on instead, which then didn’t happen 

You were never contracted with the owners - you were contracted to the business. And if that contract was terminated, you cannot "still" be employed by the business.

Did you get anything in writing?

EnPointe

hopper2509 said:

It’s a family run business and my old employers terminated the contract with them before they left. However we were told we’d be getting a contract with the same conditions as before from the new owner. Then when the new owner took over and we asked about the contracts they just said we didn’t need one and that our employment would just continued as it was. 

If the new owner brought the business   there is  no TUPE   and  there was no requirement for new  contracts to be issued. 

what is the  organisational structure of the business  ?  

it is quite common for businesses to pay  basic  bay  of  hoursly  staff with a contracted number of hours ona  the basis of a  salary for those hours  e.g.  1/12 of  your contracted hours each month if you  have calendar mobntnhly payment  iwth  hours  above  or below your woeekly normal  being paid  or deducated  in the variable pay run  (  wither  2 weeks oe monthly in arrears depending on cut offs ) 

Savvy_Sue

A) join a union, encourage everyone else to do so and work together 

start looking for another job

C) keep asking questions about how they are calculating your pay and state that as they appear to have reduced your pay, you are working under protest

Are you clear about the arrangements for holidays and sickness?

Undervalued

hopper2509 said:

I used to get paid on the 27th of the month and it was hours worked. 

The business I work at got put up for sale and a new owner took over in January. 

They kept the staff on, and when I asked about contracts they said “no you do not need one (I’ve worked at this business for 4 years prior to it being sold) as the old contract would roll over”

 It didn’t roll over and when I asked for a new contract the new owner refused to give us one.
They then told us our pay date would be moving to the last Friday of every month. Then they also said that they would be paying us the same amount each month.

 How would this be worked out? The job is part time and I used to work 16 hours a week. In January 2025 - July 2025 the hours stayed at 16 hours but since the business is now not doing so well anymore the new owner has cut the hours down to 9 hours a week. 

I’ve never been paid this way before so it’s a little confusing when I’m used to just being paid for what I’ve worked. I’ve asked the owner to clarify it a bit more but they don’t know either as they just let someone else do the wages. For example I worked 45 hours this month but only got paid for 39?

A "contract" of employment is not simply a piece of paper with the word contract on it. A contract still exists by virtue of turning up, working on agreed terms and getting paid. It evolves over time. Obviously if it is not written down it is harder to prove but it is still a legal contract.

Be aware that you can easily agree to a change in your "contract" just by it happening without you positively objecting to it!

Theoretically you should be given a "statement of the main particulars of employment" but in practice there is little useful redress if it doesn't happen.

By virtue of the fact you have worked there for more than two years you have some legal protection. However if the business is struggling the only choice may be to accept the new terms or redundancy. Yes you would be entitled to statutory redundancy pay (amount depends on age and some other factors) but with only four years service it would not be a great deal.