News0 min ago
change to contracted hours
2 Answers
2 months ago, i transfered within my company from one depot to another. I received my new contract of employment shortly after as i am now working nights. It stated sunday to thursday, 8pm - 4am, 40hrs/wk, eligible for overtime. I regularly work overtime but through delays at depot and not through choice (4-6hrs/wk) but this does not bother me cuz its nearly 20 quid/hr for driving a truck!! I have now received a letter from my boss stating that they had made a mistake and the actual hrs should be 48. I have copies of emails sent to my old boss from my new one stating exactly the same hrs/days/salary etc as it says on my contract.There is no change in the salary either. We have 2 other permenant drivers and 1 agency. He his on days and the other is on nights with me. I am the only one whos contract is up for change, the others work less than their contracted hrs because they have shorter journeys. This change in hours equates to a 5k pay cut!! My question is...Can they change my hours just because they dont want to pay me o/t and will they have to adjust my salary by 5k to match the extra hours. Thanks for the help/advice
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The short answer is no, your employer cannot do this.
If you received a new contract was it just a letter of notification of new hours, or was it a full letter addressed to your with two copies, one of which you signed at the bottom and gave back?) then it can't be claimed it is a simple clerical mistake - especially as you have transferred on the same base salary. I believe they are therefore duty bound to honour the date-dated hours worked so far.
However your employer could ask to amend your contract, giving you notice that it wishes to do so. This should be a discussion, not a demand, and you have every right to refuse it. You might, for example, prefer to be back at the old depot if the deal is not what you were told it was. You could state that you prefer this to happen, and see what they do next.
If you received a new contract was it just a letter of notification of new hours, or was it a full letter addressed to your with two copies, one of which you signed at the bottom and gave back?) then it can't be claimed it is a simple clerical mistake - especially as you have transferred on the same base salary. I believe they are therefore duty bound to honour the date-dated hours worked so far.
However your employer could ask to amend your contract, giving you notice that it wishes to do so. This should be a discussion, not a demand, and you have every right to refuse it. You might, for example, prefer to be back at the old depot if the deal is not what you were told it was. You could state that you prefer this to happen, and see what they do next.
my contract was the 'full on' 8 page copy to sign and return and one to sign and keep,the letter was single sheet of notification. I have recently been told that i need 12 weeks notification of a change to my contract t&c's so if thats the case, would i be right in saying that the 1st letter aint worth squat, they owe me best part of a grand in back pay, wait for a 'proper notification' but in the meantime, screw 'em for the next 3 months in o/t!! All help/advice is greatly appreciated
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