Working for free

[Not Important]

Hello guys!

I am working in a one of the big companies in UK and recently changes been made causing us to work for free. But before i get to the point, let me explain the whole situation.

Me and my colleagues work for the company for 5 years now. Our contract hours are from 5 am to 11 am which is 6 hours with 20 minutes unallocated unpaid break. We are paid monthly, per hour and not for a job done.

Since last 5 years we been working like this all the time and there were situations where we had overtimes normally paid if we had to stay past 11:00. However recently changes been made from next day without proper notice, we been just informed that new rules from now on applies.

We been explained by new manager, (there was 3 together when we started) that we are from now on required to work 5 am to 11:20 am because apparently the company is paying us for breaks despite that our contract says that they are not and with that paid overtimes have been scrapped and we are having now time in lieu instead. Many of my colleagues are very upset because that issue was never picked up by last 2 managers, and suddenly the new one came in, and made changes. That already sparkled a very heated argument between us and management even that we requested to be not paid for breaks. We been told that we have to accept the situation that happened and there is nothing we can do about despite the fact that my contract says clearly 5-11 with 20 minutes unallocated unpaid break.

Other thing is, there is no way for us to calculate whether we are paid for breaks or not. To me and my colleagues it looks like very cheap play to scare us, which probably is against the law. I have to admit that company with new plans recently introduced are struggling with workload and everyday we running past 11 am with work.

We already considered that they may change our hours from for example 6-12 and we are perfectly fine with that. The only issue in this case is staying an extra time and not being paid for.

Please help us, what we should do?

[Amethyst]

Re: Working for free

If you are paid for 6 hours at your hourly rate, then your 20 minutes break taken between 5 and 11 is paid, otherwise your pay would be calculated at 5 hours 40 minutes.

Despite it saying in your contract about 20 mins unallocated unpaid break - if you have been working 5 to 11 with a 20 min break and paid for 6 hours for the past five years then that over takes your contract.

Presumably you get a payslip each week ? and know your hourly rate of pay ?

[Kati]

Re: Working for free

I might be wrong, but I believe that they are not allowed to change your contract without your agreement. [MENTION=19071]teaboy2[/MENTION] will be able to offer you advice tho' (I've tagged him) xx

[Not Important]

Re: Working for free

Hi and thanks for reply.

So what we should tell our manager in that case? We are really scared as some boys being threaten with disciplinaries and we know how hard is today for a job, but we also want to be treated fairly.

[Amethyst]

Re: Working for free

First have a look at your payslips before the new manager started changing things without consultation....and do some sums to see what you were actually being paid for ( sounds like it was the 6 hours )

[Kati]

Re: Working for free

https://www.gov.uk/your-employment-c...-with-problems

Making a change without agreement

If an employer makes a change to a contract without getting agreement (including by using flexibility clauses unreasonably), employees may:

• have the right to refuse to work under the new conditions
• say that they’re working any new terms under protest, and are treating the change as a breach of contract
• resign and claim constructive dismissal
• be able to take a case to an employment tribunal

In Northern Ireland an employment tribunal is known as an ‘industrial tribunal’.

If an employee disagrees with new terms and conditions but doesn’t say or do anything, this may count as agreeing to the changes.

[Not Important]

Re: Working for free

First have a look at your payslips before the new manager started changing things without consultation....and do some sums to see what you were actually being paid for ( sounds like it was the 6 hours )

Thats the problem we dont know exactly how we supposed to calculate it. Every month we receiving the same money whether in a month was 20 working days or 25

[Amethyst]

Re: Working for free

That sounds more like a salary than an hourly pay. Has that changed over time or always been the same ?

I think that may be a bigger issue than the 20 min break being paid or unpaid. Do you normally do 20 or 25 days a month ?

What hourly rate did you think you were on when you started the job? and how does that work out with your monthly pay packet vs hours worked ?

[Not Important]

Re: Working for free

Ok. i did rough calculations and it looks like they do pay us.

- - - Updated - - -

That sounds more like a salary than an hourly pay. Has that changed over time or always been the same ?

I think that may be a bigger issue than the 20 min break being paid or unpaid. Do you normally do 20 or 25 days a month ?

What hourly rate did you think you were on when you started the job? and how does that work out with your monthly pay packet vs hours worked ?

Whether we are doing overtimes its displayed on payslip rate for overtime, so that is the way i am thinking to calculate my hourly rate. But i did rough calculations and it looks like they are paying us for breaks. We are working from monday to friday, and the cut out day is always the same in a month.

[Amethyst]

Re: Working for free

Okay and it's been that way for 5 years. I'd say that the contract has changed by custom and practice to that you are paid for the 20 min break, therefore it can only be changed with consultation.

See what one of the employment guys on here think anyway.

ACAS might be able to help too.
Helpline number: 0300 123 1100
Monday-Friday: 8am-8pm and Saturday 9am-1pm

[matt3942]

Re: Working for free

Hello all,

To be honest I'm slightly confused about how you're working for free.

The assumption was that you were being paid for 5h40m, it transpires you actually being paid for 6h, so your new manager has increased this to 6h20m - is that correct? Presumably the 20-minute rest break will no longer be paid? This means the employer is paying for and getting 6h of work, instead of paying for 6h of work but getting only 5h40m. At the same time you are still working and being paid for 6h of work.

Your employer is not obligated to pay for overtime so long as the average pay for the total hours worked doesn't fall below the National Minimum Wage. What does your contract say (if anything) about overtime?

As for contract changes, your employer can force through changes without your agreement. The first option is to impose the changes and hope you simply 'get on with it', thereby establishing implied agreement. The second option is to dismiss you and re-hire you on the new contract. This is usually a last resort and the employer needs to have a sound business reason for forcing the changes. TBH I don't know if there can be a sound business reason to add 20m, but also I don't think it would be worth pursuing a claim.

Perhaps it would help if we could see the wording in your contract. If you do post a scan of your contract remember to redact it first.

- Matt

[teaboy2]

Re: Working for free

Well change the contract with out proper consultation and without the written agreement of those who are effected by the changes is an unilateral change which amounts to a breach of contract.

The fact the employer had been paying you for your break period over the last 5 years makes it an implied term of your contract that you are paid for your break period which replaces the written term that states the break period would be unpaid.

Any dismissal should you give written notification to the rejection of the changes would be unfair dismissal as they do not have a sound business reason and this looks more like nit picking. The best option would simply be to stop paying you for the 20minute break as per your suggested.

I suggest yourselves and your colleagues each write a letter stating your clear objection to the changes, explaining such unilateral changes to your contract of employment without your expressed written consent and without proper consultation period amounts to a breach of contract. A contract is agreed between two parties not just by the employer, therefore 1 party may not change a term of a contract without the consent of the other party to the contract, just because such changes suit them better. Also point out that the fact they have been paying you for the break period during the last period, makes being paid for the break period an implied term of your contract under principle of custom and practice! Make it clear you shall be working 5am to 11am and expect to be paid as per before, along with any overtime payment. Also advise them that any action taken by the employer to your detriment, i.e. dismissal, disciplinary would be unfair and give grounds to take the matter to tribunal - Advise them to seek legal advise, before responding to you!

Matts correct regarding overtime being paid at the discretion of the employer, however i suspect that your contract states a rate in which over time is paid, so that can not be changed either as that would also amount to breach of contract, should they stop paying you over time!

[matt3942]

Re: Working for free

IMO it's unlikely an ET would consider it to be an implied term. For a custom and practice to become contractual it needs to be (among other things) well known. In this case the employees and presumably the line manager were unaware that rest breaks were being paid.

Employers can force unilateral contract changes legally if there is a sound business reason. I suspect the employer has added 20m to the working day so it gets 6h worth of work, and the employees don't lose any of their wages. If the employer simply stopped paying the 20m rest break I suspect we'd then have someone seeking advice about a claim for unlawful deductions.

As for scrapping paid overtime, I suspect the employer's reason was to cut costs, which would likely qualify as a sound business reason. Also, the employee doesn't have to be offered overtime, and they don't have to accept any offer of overtime.

If the employees refuse to work under the new terms this will almost certainly result in dismissal, which will not necessarily be unfair. Alternatively the employees could work under protest and bring a claim for breach of contract, or resign and bring a claim for constructive dismissal. IMO none of these options are sensible.

- Matt