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hi, can anyone give me any advise, my husband has been working for his employer for about 5 years. anyway february this year they went on a 3 day week for a couple of months. after that his hours went back to normal 40, but when it came to overtime they asked everyone if they would be willing to work to time and £1.00 instead of time and a half for a month to get the company back on track. after the month had done my husband asked if they were going back to the time and a half, to which he was told that they couldn't afford it at present due to the economy, and he ought to be grateful to still have a job. also if they weren't prepared to do the overtime he would have to get subbies in. now this has been going on for quite a few months, and in this time he has set other people on and brought a new home into the bargain, but when the overtime is mentioned, says if anyone isn't prepared to do it, he will have to set other people on who will. to me this is blackmail of the worst kind,as in my husbands contract it states that any hours worked over 40 will be payed at time and a half. i feel that his boss is using the recent credit crunch as an excuse for making extra money off of his employees. sorry its so long, any advise would be a god send

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If his contract states he should be paid time and a half, that's what it should be.

Did he enter into a formal agreement over this change?

Did his written T&C's change?

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there was no formal agreement over this change, t&c's didn't change. when the month was up his boss conveniently forgot about it

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Nothing in writing was presented to him regarding this change?

If not, he's entitled to be paid as was stated in his original terms and conditions.

The employers

'well if you won't do it, I'll get somone who will'

'Well if you don't like it f**k off and I'll get someone else'

is just bullyboy tactics.

 

You know, I was just about to ask, 'Has this idiot recently bought himself a new car or something', then I noticed in your OP that he's bought a new house.

 

Stuff him. Ask for all the money that he contractually owes.

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thanks alot for your quick reply and your help, will tell my other half what you've said and will keep you posted. thankyou once again

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since the employer has shown that he/she is financially capable of paying over time at time and a half i.e bought a new house! Then you should put a claim in at the small claims court to reclaim all unpaid overtime pay that your husband would have received for that month and any over time since.

 

So tell him to say that since they are legally obligated under contract to pay over time at time and a half, and have so far refused to return to the original agreement at the end of the 1 month period in which your husband verbally agreed to accept basic pay plus £1.00 as over time pay for that 1 month period only. that he witholds the right to take lagal action to reclaim all unpaid overtime pay governed by his contract including for the said 1 month period, as a result of their refusal to return to paying full over time payment at the end of the said 1 month period. put it writing to them and see what the ****ers say to that. :D

 

you may also report them to company house if they are a limited company, for passing on the companys finanicial burdens onto the employees


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

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thanks alot teaboy2, will relay info to him and let you know the outcome. once again thanks to everyone who has replied to this thread, we thought his employer was in the wrong, but for other people to confirm this, aswell as good advice is a bonus

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