emplyers mistake with pay for the last 2 years

[stacey 2019]

My husband was told about a moth ago that he was being over paid and had been for the past 2 years, my husband took a job for nights but before starting he was offered a day job and didn't go onto nights. he never received a contract stating his wage and when he was offered the job his boss was not sure of the wage himself. in the past 2 years his company over paid everyone on month pay and took that back, they also looked at everyones wage in to the depot that he is stationed at due to serval pay disputes and one driver (not my husband) being paid more than everyone and nothing was brought to our attention. his payslip does not state and hourly wage and they make it difficult to work out his wage as his bas is paid 2 week worked and 2 weeks own advance, then the over time runs from different dates than the base rate is paid at. they have said although they know it was their mistake and they will not be taking back the money that they have over paid they will be reducing his wage, we have recently bought a house and live to the means that we thought that we earned, he has appealed against their decision and awaiting the outcome. however if they decide that they will not continue him at his current wage we might have to sell our house or he will be forced to leave his job and find one that pays the wage he had been lead to believe he was on. we would like to know what our legal rights are when it comes to something like this.

[efpom]

If my understanding is correct, there is no written contract. So the contract terms are to be discerned by the conduct of the parties. Here, the employer promised to pay a specific calculable sum- wages, for work and the employee performed the work.

the employer’s present position is that it made a mistake two or more years ago in the calculation of the employee’s wages and now wishes to correct that alleged mistake, by, going forward, reducing the employee’s wages to what it says is the correct amount.

That would be "unilateral mistake" in contract law.

So, the employee’s straightforward legal remedy is to make a claim for unlawful deduction of wages, before an employment tribunal, which here, would require the employer, in defeating such a claim, to prove unilateral mistake. Given the absence of any written contract of employment, that proof is an uphill task, to say the least of it.

In the alternative, the employee could simply quit if the employer reduces his wages, and bring a claim for constructive dismissal.

Whether it would be wise to issue a claim, is, of course, a decision for the employee.