Been asked to work more for same pay

[Callmedave]

For the last ten years my employer has had my department work a set rota if so many days on then so many days off. Our contracts state an hourly rate of pay. For some reason the company has chosen to pay us a set amount each month (basically paid us like we were salaried not hourly).

By doing this we are technically getting paid for 6 hours each week that we do not physically work (if you break it down to the hourly rate of pay). I don’t know the company’s reasoning behind this but it’s what they have always done. It has been mentioned we get this “benefit” several times over the years. In the meeting they had with us all last week they called it a “clerical error”, which it clearly isn’t.

Now to cut costs they are basically proposing new contracts and to keep the same level of income they have been paying us for ten years we will be required to work 2 extra full days per month to cover for staff holidays / shortages. This saves the company money on overtime and gives them more flexibility with less staff. The alternative offered is we have a contract for 6 less hours and stick to the so many days on so many days off rota I’ve been on for the last decade without having to work the extra 2 days, this means I would be getting a substantial pay cut for the same work I’ve always done.

Is there anything we can do about this? It seems very unfair when so many of us have mortgages etc that were granted by the banks on the back of our payslips and yearly statements.

[Law Student 5]

ULA Celestine

Normally any changes to your employment contract must be agreed by both you and your employer and if your employment contract contains a variation/flexibility clause. However, that is not what you describe to be happening here, it seems that your employer could be trying to force change by offering this new contract, which entails your employer to dismiss and then rehire the employee with this new employment contract.

i would advise to discuss this reduction in pay with your employers to further explore what options are available, or whether this pay cut is time-limited given the circumstances the pandemic has imposed on many businesses. The cut may be reasonable if your employer is in financial difficulty because of COVID.

If you cannot come to an agreement then it is important that you set out your objection in writing, sign and date the letter and keep a copy. this letter will count as a written grievance.

hope this clarified some things for you

[MIKE770]

good advice there Law Student 3:- make sure you keep all letters and notes by date on a file for possible needs later?

[Bingbongsong]

Are they proposing to actually change your contract, or just enforce you working the hourly rate which you signed for in your existing contract? It reads to me that the contract change is being offered as an alternative to those who wish to reduce their contracted hours.

If you are contracted to work X hours, at a an hourly rate of Y, then I imagine they are within their right to request you work those hours for that pay? It sounds like you've had a good deal for the last 10 years, and if COVID has forced them to look at cost saving changes, then I think what they are suggesting is perfectly fair.

However, someone with more knowledge would be able to advise you if the fact you have worked that pattern for 10 years binds the company legally in any way.