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Boilerman

Problems with employer

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Hi All,

 

 

I started working for a company on the 6th March 2009, the salary was to be £17,000 plus productivity bonus, I was told that 30-35k was easily obtainable;

 

 

In the first two months I carried out sufficient work that would put me on target for the £30k, however my pay in the first two month was short by about £800 for each of the months, I have since been badgering my line manager to get it sorted. After the first two months I and all the engineers received a memo stating that our terms and conditions of employment had been changed and that we no longer had a basic salary and that we would be paid for each job that was completed. Also contained in the memo was the new price list for each job completed and the amounts paid out for each job had been reduced:

 

 

I have to drive for some 2½ -3 hour, around 120 miles to carry out my work, most of which at the moment is £5 per job and the job sites are usually 10 minutes apart each job takes around 30 minutes complete correctly, once I have signed onto the site and found the equipment that I need to service; I then have to return home another 2½-3 hour drive.

 

 

They give me a float to cover expenses, fuel, hotel, meals etc when the is such a quantity of work that I have to stay out overnight, however because of the company's tardiness I'm owed over £500 in expenses. And about £1,800 in back pay.

 

 

I visited my accountant who worked out these figures and put them on a spreadsheet for me. I have e-mailed this info to the company on Monday, I was due to have my salary paid in at Midnight last night, However this hasn't happened.

 

 

Since starting employment I have only received two pay advices and that was the first second week in May for month 1 & 2

 

 

Questions are:-

Are they in breach of employment or contractual law by changing our terms and conditions without consultation?

 

 

Are they in breach of and directive or law by giving me jobs 120 miles from home and only paying £5 per job where the job takes 30 minutes?

 

 

Must they provide by law, pay advice each month?

 

 

Can the company withhold pay without good reason?

 

 

I'm a bit concerned as to what to do as I have only been with the company since march, what are my rights....My line manager appears to be doing his best to sort this out but it appears that the financial director is the problem. He also said that the MD would say if you don't like you know where the door is!!

 

 

I might add that the company used the “recession” as an excuse to cut down our pay, although we still have to same volume of work and the company still get paid the same for jobs done.

 

 

Ken

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Questions are:-

Are they in breach of employment or contractual law by changing our terms and conditions without consultation?

 

Short answer --Yes

 

 

Are they in breach of and directive or law by giving me jobs 120 miles from home and only paying £5 per job where the job takes 30 minutes?

 

No -- as long as the jobs are paid per your Terms & Conditions of Employment

 

 

Must they provide by law, pay advice each month?

 

Yes ---This is a statutory right

 

 

Can the company withhold pay without good reason?

 

No --- The employer can only deduct from your pay with your consent, at a rate which you agree to.

 

 

If you have anything in writing confirming the rates of pay when you were first offered the position that would be beneficial to you.

 

You will need to prove a material change to the original conditions to be able to take this into the Company grievance procedure.

 

The payslip issue would worry me the most!! have you been receiving any money in the last few weeks? Do you know how sound the Compny is financially

 

Beau


Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Because you have worked for the employer less than 12 months your employment rights are less.

 

Look on ACAS website for more help here or direct.gov can be of more help.

 

However, yes you potentially have grounds for a grievance here. Not paying on time would be classed as unauthorised deducation in wages, employment rights act states written statement of particulars (contract) should be provided within 2 months of starting work & pay slips are also covered under the employment rights act 1996. Have a look at the legislation, this will help you.

 

If your fellow colleagues are also having the same problem you may be able to submit a collective grievance and resolve the issue.

 

Regards

 

Oli


George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Thank you for your replies, however, there is this question of travelling 120 miles or 240 miles round trip and to complete jobs in 30 minutes with ten minutes between jobs.

 

Work the math, That means with 5 hours of driving to and from the area leaves, under European directive 4 hours to do work, take into consideration there is on average of 15 minutes between jobs and if all jobs go well and can be completed in 30minutes I can complete 5 maybe six jobs in that time, if, for each job I get paid £5 that's £30 earned for a 9 hour day, which equates to £3.30 per hour well below the minimum wage.

 

It's pretty obvious that this is unreasonable and unfair contractually.

 

Question

 

What can I do about it, without putting my job in jeapardy

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So what were your original terms of employment---do you have it in writing ?. If the contract has been changed without prior agreement of the people it effects then that can be seen as grounds for a grievance as a minimum, or in the extreme resign and go for constructive dismissal.

 

Beau


Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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