can my employer just drop my money like that?

Question

ive been perm employed with the same employer for 2 years,after the first year i was made a head cashier so my hourly rat increased from 592 an hour to 642, about six months after i was told i would have to go to another dept without no choice, when i asked if my hourly rate would go back down i was told it was alright for the moment, that was about a year ago. Now my employers a re saying that they will stop my current rate and put me back down to 592 can they do that? ANY HELP

Answer 1

I would say that is a breach of contract. Contracts of Employment are different from other contracts in that they will alter as circumstances change. Having promoted in the first place to chief cashier then I would say they are in breach of your "new" contract if they demoted you but they appear to have moved you to a different dept but allowed you to keep your salary and by implication your status as a chief cashier so maintained the contract. Having left this for a year they have established this as the current contract albeit in a new post so if they reduce your salary they are in breach of contract. It is of course appalling bad management but what do you do about it? If you belong to a union they can deal with this but if not, apart from getting an interview with the chief executive whoever that is and pointing out the the unfairness of the action and that it is breach of contract the only course of action I can see is to leave and claim constructive unfair dismissal (whoops I am sorry I am assuming you are in the UK). These are difficult cases to win but I would say you have a good chance but even if you do win what you would get in some compensation top wack a few thousand but you would have lost your job unless the tribunal order reinstatement. It may well be worth a try as they sound like a very dodgy company to me. This advice is only some general guidance. If it happens you do need to consult someone up to date in employment law. Maybe a local law firm if you want to pay or citizens advice or a law centre
One final word they pay cleaners more than that round here

Answer 2

First of all, No Olyinka, if they do that and an employee leaves as a result it is constructive dismissal. This person has more than 1 year of continuous service therefore there is full protection under employment protection law.

You have a contract of employment and it cannot be altered unless both parties agree as has been previously stated by my learned colleague with the B A in law has told you. If you are in a union then talk to the union rep. If not seek the advice of a solicitor asap.

Good luck

Answer 3

if you were not told and given a temporary contract to state that it was a temporary arrangement then moving you to another dept on the same pay is acceptable but after being on that pay for 12 months then in the absence of a temporary contractual agreement then this reduction in pay is a breach of contract which could be dealt by the county court. a few things which you need to consider are: are you the only person involved in this and if so why. the company would have to justify with a valid business reason its reason for doing this. can it realistically do this. if it can it would be acceptable even to a court. what realistically would happen if you refused to accept this. have you been given written notice of the change to your terms and condition with a notice period. again if you have this would probably be acceptable. your contract of employment does not have to written but if this was temporary this must have been evidenced and acceptable to both parties. if i was representing you in these circumstances i would be advising that if the company has not held negotiations with you that you use the company grievance procedure and ask for a notice period for the reduction in wages of 12 weeks minimum. it has always been my experience that companies cannot evidence that an arrangement is temporary and this leads them to use up a great deal of time and resource's defending claims in the very undefined area of contract law.

Answer 4

A Head Cashier on £6.42/hour, sounds like a right Mickey Mouse outfit to me. Tell them to stick the job where the sun don"t shine, and find yourself a job with someone who will treat you as a person, not just a piece ****.

Answer 5

Any company who would do that when you make so little to begin with isn't worth working for anyways. If you have been with them that long, you have enough experience to get a better paying job somewhere else. I'd start looking for another job if I were you, you should be able to find something in retail fairly easy.

Answer 6

Unless you have a employment contract or are a member of a labor union or are a member of a protected group your employer has the right to set the conditions of employment and you have the right to refuse them.

Answer 7

Probably can - check with the Dept Of Labor in your area.

At $6/hour you should be able to skip to another company and get more no problem.

Answer 8

There you have it you just got free legal advise from derek B who has a BA in Law. I would still advise you to tred carefully because your employer might kick up a stink just to get rid of you. You can still become an affiliate of any Union who will definitely fight your case.

Answer 9

No.
You have a contract with your employer, whether written, verbal or implied.
Your employer cannot change the terms of your contract without your agreement.
Try ACAS, failing that, take them to a tribunal. Doesn't cost anything.

Answer 10

Unless you have a Union contract or a written contract to pay a certain salary for a certain period, yes.