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Hi all, first time posting.
I'm looking for some advice on how to best approach this situation. So far I have contacted ACAS, who advised I raise a formal grievance first, however I'm unsure if this is necessary as all concerns raised to my Manager, who'd also be dealing with the formal grievance, have been sidestepped, making that stage feel a bit futile.
All names and details have been anonymised for privacy.
Claim for Compensation
Seeking reimbursement for 200 additional hours worked beyond my contracted hours, under implied terms and assurances given in bad faith by my manager (referred to here as "Manager A"), managing director.
False Pretences:
I was led to believe I was working toward a pay rise aligned with the national average, based on explicit assurances from Manager A, later revealed to be unfeasible. (evidenced in emails which I wish to forward)
Breach of Trust:
Need advice on pursuing this claim and addressing breaches of employment law, including being left without a contract for six months between October last year and March this year (technically May, because I declined the first one they finally presented to me in March), realising at the time from the terms outlined that I’d been working under poorer terms than what I’d agreed with my "Subsidiary C" before the merger. I was on minimum wage +5% for 30 hours before, then came to learn in March that Company B had me on 32 hours a week at only minimum wage.
Background:
The 6-Month Agreement:
Negotiation:
I declined an unsatisfactory March contract but signed a 6-month short-term agreement in May, based on verbal and written assurances from Manager A. Manager A asked me to retrospectively sign the May contract, backdated to October 1st, 2023, raising concerns about transparency and intent (also evidenced in emails where I seek confirmation of this request after a phone-call). Just from the first six months working for Company B, it was evident that strictly working for Subsidiary C easily filled up my designated 32-hour workweek, but around the same time of presenting the contract and outlining additional workload to cover Company B’s operations, I declined.
Implied Terms:
Expanded Duties:
My role expanded to cover both brands between May and October, with Manager A aware this workload would take me beyond my contracted 32 hours per week. I made it clear in the emailed agreement that any additional hours would be done in good faith and would help achieve the goals for Company B, believing these would be rewarded based on Manager A’s assurances.
Work Undertaken in Good Faith:
Reimbursement Request:
Recent Developments:
Key Issues for Legal Advice:
Action Already taken:
Contacted ACAS- they suggested raising a formal grievance before taking steps to early conciliation.
* I have presented this case to multiple no win no fee solicitors specialising in employment law but yet to hear back from any of these entities.
* I've ceased providing any materials and communication with Manager A and Manager B, wishing to compile enough information to present to them my reasons for leaving them on read, and present them with what to expect going forward in the way of me escalating this. I've had various attempts from them at contacting me, including an email where Manager A asks if I'm working this week, despite knowing I haven't signed the latest contract presented to me.
Many thanks in advance to anyone who has taken the time to read this and offer some advice.
I'm looking for some advice on how to best approach this situation. So far I have contacted ACAS, who advised I raise a formal grievance first, however I'm unsure if this is necessary as all concerns raised to my Manager, who'd also be dealing with the formal grievance, have been sidestepped, making that stage feel a bit futile.
All names and details have been anonymised for privacy.
Claim for Compensation
Seeking reimbursement for 200 additional hours worked beyond my contracted hours, under implied terms and assurances given in bad faith by my manager (referred to here as "Manager A"), managing director.
False Pretences:
I was led to believe I was working toward a pay rise aligned with the national average, based on explicit assurances from Manager A, later revealed to be unfeasible. (evidenced in emails which I wish to forward)
Breach of Trust:
Need advice on pursuing this claim and addressing breaches of employment law, including being left without a contract for six months between October last year and March this year (technically May, because I declined the first one they finally presented to me in March), realising at the time from the terms outlined that I’d been working under poorer terms than what I’d agreed with my "Subsidiary C" before the merger. I was on minimum wage +5% for 30 hours before, then came to learn in March that Company B had me on 32 hours a week at only minimum wage.
Background:
- Role: I am the Creative Lead for Company B, working remotely across their corporate identity, social media, website, marketing collateral, and on their acquired brand, "Subsidiary C", focused on original illustration, packaging design, branding, promo materials, etc. (I have a binder referencing all work undertaken in the 6-month period—though this does not include sub-tasks thrown at me on a daily basis). I have 15+ years of experience in a qualified design and illustration role, including a Bachelor's degree in Animation Design achieved 16 years ago.
- Merger: Previously employed by "Manager B", then owner of Subsidiary C, until its merger with Company B in October 2023.
The 6-Month Agreement:
Negotiation:
I declined an unsatisfactory March contract but signed a 6-month short-term agreement in May, based on verbal and written assurances from Manager A. Manager A asked me to retrospectively sign the May contract, backdated to October 1st, 2023, raising concerns about transparency and intent (also evidenced in emails where I seek confirmation of this request after a phone-call). Just from the first six months working for Company B, it was evident that strictly working for Subsidiary C easily filled up my designated 32-hour workweek, but around the same time of presenting the contract and outlining additional workload to cover Company B’s operations, I declined.
Implied Terms:
- Manager A proposed a permanent contract at minimum wage +20%, saying he knew I was worth more. I rejected this and instead wrote up a formal plan, listing goals tied to bonuses and better compensation based on measurable results after 6 months.
- I only agreed to the 6-month contract after being led to believe that I would receive a raise and permanent contract at its conclusion. This was never disputed during these 6 months. Manager A repeatedly assured me he was advocating for this, and other directors ("Director A" and "Director B") participated in this dialogue, never dismissing the goal of aligning my salary with the national average.
- So while I was given the initial promotion from min wage, and then becoming the responsible senior creative lead for two brands or essentially the whole business, the salary matching this new title I was lead to believe would only come six months down the line.
Expanded Duties:
My role expanded to cover both brands between May and October, with Manager A aware this workload would take me beyond my contracted 32 hours per week. I made it clear in the emailed agreement that any additional hours would be done in good faith and would help achieve the goals for Company B, believing these would be rewarded based on Manager A’s assurances.
Work Undertaken in Good Faith:
- Additional Hours: Worked 200 extra hours across six months, sacrificing freelance opportunities (£35/hour rate), believing the pay rise was forthcoming.
- Goals Achieved: Completed all agreed goals, strengthening both brands. Upon review, Manager A cited external trading conditions as the reason for being unable to uphold his end of the agreement. I later learned (evidenced in emails) that cost-cutting measures implemented in June rendered the pay rise unattainable, which was never disclosed to me. So 1 month into the agreement he was aware the pay-rise I was led to believe was forthcoming on the back of all this pro-bono work was never under question, robbing me of the opportunity to reassess my position and expectations. I even explicitly state in the plan I outlined that I would happily take unskilled labour elsewhere at minimum wage, where there would be potential for overtime, bonus based pay on unsociable hours etc than commit to this skilled role for near minimum wage, and took no pleasure in outlining the reasons why, citing rising living costs and the fact my current package was unsustainable.
Reimbursement Request:
- Salary Comparison: My salary was £23,500 annually for 32 hours per week, significantly below the national average of £34,000 for a Creative Lead in the UK. This reflects an underpayment of £5,000 over six months.
- Additional Hours: Seeking reimbursement for 200 hours worked outside my contracted hours. Ideally at my freelance rate (£35/hour), which would amount to £7,000. At a minimum, I expect compensation at my normal rate plus 20%, reflecting overtime conditions.
Recent Developments:
- Contract End: My contract expired on October 31, 2024. A new contract presented contradicts prior assurances, continuing to undervalue my contributions, the same 32 hours offered and same terms outlined in May's agreement.
- Stopped Work: I ceased providing work to avoid implying acceptance of new terms.
Key Issues for Legal Advice:
- Compensation Claim: Am I entitled to claim for 200 hours worked outside my contracted hours, and how should this be calculated?
- Breach of Trust: Can I claim damages for stress and financial uncertainty caused by unfulfilled promises and prolonged periods without a contract?
- Employment Law Breaches: Does the lack of a formal contract for six months strengthen my case?
- Next Steps: Should I raise a grievance, involve ACAS, or escalate to a tribunal?
- Evidence Submission: How should I present emails and supporting documentation?
Action Already taken:
Contacted ACAS- they suggested raising a formal grievance before taking steps to early conciliation.
* I have presented this case to multiple no win no fee solicitors specialising in employment law but yet to hear back from any of these entities.
* I've ceased providing any materials and communication with Manager A and Manager B, wishing to compile enough information to present to them my reasons for leaving them on read, and present them with what to expect going forward in the way of me escalating this. I've had various attempts from them at contacting me, including an email where Manager A asks if I'm working this week, despite knowing I haven't signed the latest contract presented to me.
Many thanks in advance to anyone who has taken the time to read this and offer some advice.
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