Legal/employment law advice needed...

[bhafc99]

Quick question, which hopefully the collective knowledge of NSC can help with.

My company has just given us all a 12.5% pay cut. But even though they only told us today (Oct 8) they said it's effective from the start of the month (Oct 1).

Is this legal? Can they backdate a paycut?

 

[beorhthelm]

in principle, yes (you wouldnt complain if they backdated a pay rise with is common in public sector). techincally you have to agree to the pay cut, with a new contract. you'd put yourself in a difficult position for future with the company if you did, but frankly for a 12.5% cut screw 'em.

talk to CAb for better, more precise advice.

 

[Lokki 7]

Depends what's in your contract. Did you ever read it?

 

[bhaexpress]

Depends what's in your contract. Did you ever read it?

It really does depend on your contract. If there's no clause in it covering this then they are in breach of contract. If they sack you you have them over a barrel for Wrongful Dismissal.

 

[bhafc99]

Depends what's in your contract. Did you ever read it?

Yup, when I finally got one six months after joining.

It had mistakes in it, such as "Your notice period is 3 months. For every year of service after 2 years, this will increase by one week, to a maximum of eight weeks notice." Like that makes sense.

So I returned it with the mistakes highlighted, and despite asking my director at least 7 or 8 times over the last two years for a fresh one, it never came.

This company has a total "like, whatever" attitude to HR, until it suits them.

 

[FamilyGuy]

Any change to the Terms and Conditions of a Contract of Employment has to be made (can only be made) if it is

a. Reasonable to do so - and has been discussed with you and/or your representative
b. Changes need to be advised to you at reasonable notice (to enable you to continue to pay / change your mortgage payments, standing orders etc)
c. When it is agreed by all both parties

So you could argue that they need to give you "reasonable notice" - and by applying the cut retrospectively this hasn't been done - and argue that the cut shouldn't apply until the start of next month.

However this sounds like one of those "take it or leave it" changes and they could argue that its necessary to maintain the company and its business - for the good of the whole etc.

NOTE: I am not a Lawyer and you need to check this - Google is your friend and you should be able to get a better answer from CA and/or Google and/or one of the many Legal Companies that Google will link you to.

OK?

 

[Tooting Gull]

That sort of company tends to be the sort that has employment lawyers licking their lips in a tribunal. Sloppy, and prone to oversights.

If money is all that matters, a few expensive decisions going against them normally makes the bosses see HR in a different light, even if it is only to eliminate all the mistakes, cover their arses and save on costly judgments.

 

[Lokki 7]

I know that my contract has a period of notification for any changes to the terms, including basic salary. I would imagine most contracts have this (mine always have). I also know that most people I've worked with never actually read their contracts. I don't mean to have a pop it just annoys me when people moan at me (not you) about what is in the contract they signed but never read.
And relax.

 

[bhaexpress]

I know that my contract has a period of notification for any changes to the terms, including basic salary. I would imagine most contracts have this (mine always have). I also know that most people I've worked with never actually read their contracts. I don't mean to have a pop it just annoys me when people moan at me (not you) about what is in the contract they signed but never read.
And relax.

Fair comment that. Mind you sometimes you don't see a contract for a while after you started, that has happened to me more than once.

 

[seagullsovergrimsby]

If you are paid on the last day of every month then I cant see why they are backdating your pay cut by a week. I would have thought that any pay cut would need notice and should take effect from the following pay date. CAB will be able to advise you on your rights as they will go through the employment contract small print.

 

[house your seagull]

i'm in an HR law library right now, but can't look because i'm eating a twix.

if the library staff catch me eating a twix then i'll be chucked out, i'm putting TSLR together and using their wifi; the fanzine has to go to print tomorrow morning

sorry, blame the twix.

 

[ali jenkins]

Fair comment that. Mind you sometimes you don't see a contract for a while after you started, that has happened to me more than once.

When I started in my current job I had a temp contract until 31st march sent to me before my first day, since then Ive been made perminant and although I have asked time and time again about getting a new contract as my other one ran out nearly 6 months ago I still havent seen one!!!

 

[bhaexpress]

When I started in my current job I had a temp contract until 31st march sent to me before my first day, since then Ive been made perminant and although I have asked time and time again about getting a new contract as my other one ran out nearly 6 months ago I still havent seen one!!!

A not unfamiliar tale sadly.

 

[bhafc99]

A not unfamiliar tale sadly.

And, as I said, kind of where I stand too. With no contract to refer to, I don't have anything to check.

****ed off!!