F/T salary reduced without written notice?

[will lliw]

Hi folk's I could really use some help on this one as I feel a bit aggrieved with my employer.

 

The short version is:

 

I have 8 yrs with my employer and am on a F/T permanent contract with a monthly salary. I am entitled to 12 weeks company sick pay which I have received this year due to 2 periods of absence amounting to 13wks. (Have had 1 wk on SSP) I have just returned to work after having 5 weeks off sick due to major pain caused by a prolapsed disc and am on reduced hours because my problem still exists. Days before I was due to return my manager just happened to mention on the phone that I will only be paid for the hours I work. I checked in with HR yesterday and they say they have worked out an hourly rate from my contracted hours and yearly salary and that is how they will pay me by multiplying my worked hours.

 

Now I am not greedy and asking for a hand out but I didn't ask for reduced hours, this was agreed more offered on the phone call i mentioned earlier. To quote my manager " I wouldn't expect you to come back on full hours straight away"!

 

Can my employer reduce my salary in this way without putting it in writing and having my consent?

 

Also, I am under OH at the moment and I saw OH today and was told I will be staying on short hours until the business can provide me with a place to sit regularly as I get a lot of pain if I'm on my feet for to long and this was the reason why I had to go sick in the first place!

[godpikachu]

does it say anything in your contract or in the companies "return to work" proceedure about this policy/...if not then they have no right cutting down your hours or rate of pay without consulting you first, as this is a significant detraction from your original t&cs of employment.

[will lliw]

does it say anything in your contract or in the companies "return to work" proceedure about this policy/...if not then they have no right cutting down your hours or rate of pay without consulting you first, as this is a significant detraction from your original t&cs of employment.

 

Hi and thanks for your reply pikachu, ive been a bit peed off with this today and told my manager that I do not consent to it and view it as a deduciton from my wage that they cannot take.

 

I'm not aware of a return to work procedure as such, I wil try and do some digging asap. My contract has no mention of deductions or reduced hours but it does have a clause that makes sure that I will not be paid extra should i do extra hours ontop of my contracted hours.

 

Tomorow i'm going to phone up ACAS and Community legal advice and see what they say......

[p_cas]

Are you, in you or your doctor's opinion, fit to return to work full time? As you say the problem still exists I assume you arent ready to return full time yet?

[elche]

Can my employer reduce my salary in this way without putting it in writing and having my consent?

 

This depends on what your contract states re your hours of work.

 

Please tell us exactly what the 'Hours of Work' clause in your SMT states.

 

Kind regards

 

Che

[will lliw]

Are you, in you or your doctor's opinion, fit to return to work full time? As you say the problem still exists I assume you arent ready to return full time yet?

 

In my and OH opinion I am fit to work provided that I have a place to sit regulary for short periods throughout the day. I am back onto full time hours next week as I have discussed this with my manager.

 

Basicly as long as I take it steady and dont push myself to hard I'm good to go!

[will lliw]

This depends on what your contract states re your hours of work.

 

Please tell us exactly what the 'Hours of Work' clause in your SMT states.

 

Kind regards

 

Che

 

Hi and thanks for your question, this is the clause as requested from my Statement of Terms and Conditions of employment.

 

 

Normal working hours

1. Your normal working hours are 11.5 hours per day working from 07.30 to 19.30, averaging a standard 40.25 hours per week. You may, however, be reqiured to work such other hours as the Comapany may deem necessary for the satisfactory completion of your duties.
   
2. No additional payment will be made for any additional hours worked.
   

-----------------------------------------------------------------------

 

I had a good read of my contract and below is my pay arangments, section 1 states You will be paid by 12 equal monthly installments so that will not occure this month surely a breach of contract?

 

But does section 3 constitute a written agreement meaning that they can deduct anything from me as they see fit? Thus rendering section 1 pointless!

 

 

 

 

Pay arrangments

1. You will be paid by 12 equal monthly installments in arrears directly into your bank or building society account. Payments wil be credited on the 27th day of each month, or the nearest working day, except in December when the payment will normaly be paid earlier.
   
2. Should the name of any Group comapny appear on your payslip or other document issued by the payroll department and such company is not the employing company specified above, then it does so for administrative reasons. For the avoidance of doubt you will continue to be employed by the company until you recieve notice to the contrary or your contract is terminated.
   
3. For the purpose of the employment rights act 1996 your hereby authorise the company to deduct from your salary any sums which you may owe to the company including, without limitation, any loans made to you by the company.
   

 

Thanks in advance

 

W

[tofwig]

i would have thought section 3 was more to the meaning of, if you leave the company and you have taken more hoildays than you were entitled to. that kind of thing. i had always thought if you were salary you got paid the same week / month in week / month out.

[will lliw]

I phoned Community Legal Advice today and qualified for free legal advice. They transferd me to a solicitor and it seems my employer has been a bit naughty and possible breached my contract to boot but I have to wait untill later in the week for a clearer picture.

 

I would advice anybody with employment issues to call the above people, they are pretty good!

[elche]

 

 

 

Normal working hours

1. Your normal working hours are 11.5 hours per day working from 07.30 to 19.30, averaging a standard 40.25 hours per week. You may, however, be reqiured to work such other hours as the Comapany may deem necessary for the satisfactory completion of your duties.
   
2. No additional payment will be made for any additional hours worked.
   

Thus if you turn up, 'ready and willing' to work 40.25 hours per week, then in the absence of medical evidence to the contrary, if your employer fails to provide, and indeed pay for 40.25hrs per week, this is a clear BOC.

 

I'm glad you qualified for free legal help with one of CLA's employment specialists - you should get good advice from them, and I would hope they agreed with my opinion!

 

Che