Boots sunday pay ruling 'unlawful'

zoescrims · 5 August 2012 at 10:14PM

Hello,

Last year Boots stopped paying double pay to its staff on sundays.Claiming bonuses coming into force etc would be more benficial .But it hasnt.In my case I have lost a quarter of my pay every month.

We have just stumbled across this last week that has found the move by Boots to reduce pay unlawful.

http://www.xperthr.co.uk/article/113629/boots-unlawfully-reduced-long-serving-workers-pay-premium-for-sundays-and-bank-holidays.aspx

We do not belong to a union but are all long serving staff.We don't know what we should do now?

Management have not said anything.Could you please direct us.
Thank you

mynameistallulah · 5 August 2012 at 10:54PM

The case you refer to only effects those that were part of the action. I expected Boots to apply the ruling to everyone, in the knowledge that further actions would be likely to result in the same outcome. As they have not done this, I would suggest contacting HR to ask if they intend to remedy the situation informally, and if not you will need to issue a grievance. If they still will not comply, you can take them to tribunal, or possibly small claims, depending on how much the underpayment amounts to.

zoescrims · 5 August 2012 at 11:27PM

Thank you for your reply.I was wondering though if a precedent has been set will then this not affect the whole company? or is it just thoughs who took up the case?

maninthestreet · 6 August 2012 at 8:33AM

zoescrims wrote: »

Thank you for your reply.I was wondering though if a precedent has been set will then this not affect the whole company? or is it just thoughs who took up the case?

It applies to every Boots employee, surely?

mynameistallulah · 6 August 2012 at 11:51AM

maninthestreet wrote: »

It applies to every Boots employee, surely?

No, it applies to those who took their employer to court. It would be good practice for Boots to adjust the pay rates for everyone, but they are not bound to do so.

As this was decided at a first tier tribunal, it does not form binding precedent but rather persuasive authority, a different tribunal could rule differently should they find sufficient reason to do so. I would be surprised if they did, as the facts would be identical, but there would be no guarantee of the same outcome.

CAB_Malvern_Hills_representative · 6 August 2012 at 12:21PM

zoescrims wrote: »

Hello,

Last year Boots stopped paying double pay to its staff on sundays.Claiming bonuses coming into force etc would be more benficial .But it hasnt.In my case I have lost a quarter of my pay every month.

We have just stumbled across this last week that has found the move by Boots to reduce pay unlawful.

http://www.xperthr.co.uk/article/113629/boots-unlawfully-reduced-long-serving-workers-pay-premium-for-sundays-and-bank-holidays.aspx

We do not belong to a union but are all long serving staff.We don't know what we should do now?

Management have not said anything.Could you please direct us.
Thank you

Hi

You should be wary of applying other cases to your situation because at simply tribunal level they will not set a legal precedent. They have been brought by a groups of staff experiencing similar problems. They will however provide useful guidance as to how the law should have been applied in situations like the one you find yourself experiencing.

You could also use it to help you to raise a grievence about your own situation either by yourself or with a group of your colleagues.

In terms of taking legal action to resolve this matter you would need to visit your local CAB for advise on this taking your contract of employment and associated documents with you. This is because the change to your contract actually took place some time ago and would now be incorporated into your contract. Your local CAB could therefore help you to clarify the issues and find a pragmatic way forward.

Boots sunday pay ruling 'unlawful'

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