Coronavirus - Employment Questions

[Baz1994]

Hi,

 

Just recieved a text (and 2 other London Drivers) from my employer stating that due to recent outbreak and downturn of business they are considering reducing my hours / pay. 

 

Our deliveries are slightly down from recent weeks in which usually happens certain times of year due to bad weather / bad fishing etc.

 

Now, I totally understand the circumstances and that others are in the same boat in all industries and alternative would obviously be redundancy, but I just have a few concerns going forward.

 

Should my company put something in writing to all 3 of us to view and agree?

 

If so should they put a temporary cut-off date in writing?

 

Can this only apply to us drivers and not rest of company staff?

 

Will this set precedent going forward when some days / weeks are not as busy?

 

How would they define what is busy / not busy? 

 

Now my job is a delivery driver for a family run company.

 

I work 3 days a week, Monday, Wednesday & Friday. 4am - 11am.

 

I get paid a daily rate and reduced hourly rate for overtime. 

 

Also there is no mention of Sick Pay in my contract.

 

Any comments would be very much appreciated. 

[unclebulgaria67]

What does your contract of employment state about hours paid ?  Does it state that the employers can reduce your hours you are paid for ?  Do they have to give notice of reducing your hours ?

 

Have you looked at statutory sick pay ? https://www.gov.uk/statutory-sick-pay

 

Are you claiming, tax credits or Universal Credit ?  If your earnings are reduced, these payments will increase ?

 

The Supermarkets seem to be struggling with deliveries. Can you get some additional work with one of these ?

[Baz1994]

Hi Uncle Bulgaria,

 

Many thanks for your kind reply.

 

My contract only states that I am paid a daily rate and hours are from 4am - 11am but finish when last drop is done, if before.

 

Nothing about notice regarding reducing my hours only in respect of working bank holidays / changing working days over christmas.

 

Yes I have looked at SSP thanks but have not had a day off in 8 years so all new to me. Previous company I recieved full company sick pay.

 

No I am not claiming any credits.

 

Well if it comes to it and depending what happens next, I may have to as sure that they will propose unpaid leave if a shutdown.

 

 

 

 

[Emmzzi]

Hi,

if there is no layoff clause, you are right, the alternative is making you redundant. In which case, you would need to sign on (for universal credit, if that's in your area.)

 

Assuming the level of pay is above dole, I'd be inclined to agree with a review at 12 and 16 weeks with a view to restoring normal hours, and I'd prefer that  in writing.

 

These are not normal times. Not the usual advice I'd be giving!

[Baz1994]

Many Thanks Emmzzi

 

We have just recieved a brief email from our bosses regarding deliveries tomorrow.

 

Due to the downturn of business they are asking that one driver is to continue on full-pay but the other two have to take unpaid leave.

 

Are you still able to propose taking paid holiday if not in agreement with the above?

 

Also one of the other drivers already had next Monday booked as paid holiday. Is this still to be honoured under the current circumstances?

 

I have noted your comments regarding reduced hours and will bear that in mind if issue escalates in which it probably will.

 

Regarding any SSP if need be, is it done through the company or by the individual concerned?

 

Cheers again for looking.

[Emmzzi]

Hi, if you have holiday owing, you can ask for it, yes.

 

SSP - form put in by individual, processed by company

 

However - this will go on for some time. I would consider asking to be made redundant/ laid off so I could claim job-seekers/ UC.

[Baz1994]

Many thanks again Emmzzi for your time in responding.

 

Pleased about holiday pay as yes got full annual entitlement to use if need be.

 

SSP - Never done this before. Where do I get a form from?

 

The last point I will bear that in mind as I have 8 years continuous service. I will see how things go to consider that as there will probably come the time when there will be no deliveries.

 

Finally, again if we are asked to restructure our hours pay do they need to put something in writing? 

 

Should there also be a clause in our contract about if no work / no pay? 

[Emmzzi]

here's SSP info - only for if you are sick. your employer pays it.

 

https://www.gov.uk/statutory-sick-pay/how-to-claim

 

Hours/ pay = should be something in writing. Although could be taken as you accepting a new contract. So I would not push; if it comes to it, go to small claims court after for work based on current contract.

[Baz1994]

Lovely thank-you again.

 

I will have a read of that.

 

Yes I was thinking that regarding the agreement but surely if provided there should be a cut-off date advised?

 

Maybe a silly question but after liaising with company today and an afterthought regarding full pay, should this be stipulated or something mentioned in my original contract?

 

Sorry for further questions but just want to look at all angles at the moment for clarity if this goes on for a long period of time.

 

 

[Emmzzi]

It should be stipulated, yes

 

You could raise a grievance. You could go to an ET if that didn't work. They could impose a consultation period and change your contract anyway.

 

Your action depends a bit on your assessment on if they are likely to go under. Can;t get blood from a stone. I tend to look at things and ask "what's my best possible result, and how do I get it?"

 

Not clear what yours is..?

[Baz1994]

OK Cheers that makes sense.

 

I am taking a compromise approach at the moment but if I need to raise a grievance I will. If everything shutsdown then I am sure they will tell us that we will not be paid.

 

We have been assured that the company will not be going under in the meantime but profits will take a hit. They did suggest that they may consider closing down for a few weeks, hence my question about full pay entitlement.

 

I will address that issue as and when.

 

In the meantime, one of the drivers has a 2nd job so is happy to take unpaid. the other two including me will alternate paid holiday / full pay if only one driver needed. Obviously we dont want to keep doing this if we are all entitled full pay whatever the circumstances.   

[Emmzzi]

unless there is a lay off clause, then yes, you probably are entitled to full pay. Nice of the other driver to take a hit to keep you all going. Hope there's a pint with his name on!

[Baz1994]

OK I will consider that point if need be going forward. Our contract wording is pretty vague and poor on what I use to have with other employers.

 

At the moment I am trying to keep it amicable at the moment.

 

It seems that they have only propsed / suggested unpaid leave and that it will assist going forward and has been left to us drivers to sort out. Apparently the other company staff are on full pay still.

 

In the meantime, I am also considering looking at other delivery job options with Tescos etc as been advised that they are struggling for drivers.

 

The other driver will get more than a pint as I will ensure that he does but us other drivers are in a different predicament and have rent / mortgage etc to pay.