Can a company in the uk pay you for doing something one week then demand you do it for nothing the next. At the mo when the team leader if off we cover that roll, and get paid the extra to make the wage up .....it is in our contract that this is the case..............now they want to keep the team leaders job but give them more stuff to do and pay them a lot more money. What they dont want to do is pay us when we cover the roll .........is this legal.
2007-03-09 18:50:30 · 11 answers · asked by si n 2 in Politics & Government ➔ Law & Ethics
well done to all of you that cant read...........the question is "is it legal" seeing as it is in my contract that they have to pay me when i cover the team leaders job..........i wouldnt want the team leaders job as it means working 5 days a week i only work 2 days 2 nights then 4 off, so why would i want to be promoted you numptys
2007-03-09 19:12:03 · update #1
Hi Sin,
Strictly speaking yes it is legal but there are certain legal arguments that could be brought up to the contrary.
You have a duty of fidelity to your employer. This is an implied term in your contract of employment at common law. This means you must obey all reasonable, lawful orders.
In saying that, if it is custom and practice to pay you for the additional responsibility and it is in your contract, then they can't pick and choose when they feel like paying you.
This also comes under an implied term in your contract of employment at common law called mutual trust and confidence.
The former would probably be argued by the employer as a discretionary bonus payment for the additional duties but you could argue the latter. This is a matter for the courts to decide what is reasonable under these circumstances. If it is in your contract of employment I would suggest you might have a case.
Talk to your union rep or the CAB's employment law specialist.
Good luck
2007-03-09 19:33:53 · answer #1 · answered by LYN W 5 · 1⤊ 0⤋
Please be VERY wary of people with LLB's giving you academic answers.
The simple situation is this:
It could be legal, but it depends on what I say below.
Normally, your contract of employment can only be modified by MUTUAL consent. That means both YOU and YOUR employer must approve the changes for them to be effective.
However, many contracts of employment contain a clause saying that the employer has the RIGHT to vary your responsibilities and/or contract. However, this does NOT mean that they can just bring in any change they want.
If your employer tries to make a change that you don't agree with, tell them immediately. Put your objections in writing, asking for reasons for the change and explaining why you don't agree.
If you carry on working without taking action it may count as acceptance of the new terms (even if you haven't signed anything), so you'll need to make your objections clear.
If you start to work under the new terms, make it clear that you're working under protest and are treating the change as a breach of contract. Try to sort out the problem directly with your employer.
Please note, if you do not accept the changes your employer wishes to introduce, they have the right to terminate your contract (after following the notification procedure in your contract of employment).
If your pay is reduced because of the change, you could make a claim for unlawful deductions from wages. Alternatively, you could claim for breach of contract as stated above.
You could also claim for constructive dismissal on the basis that your employer has altered your contract of employment to an unreasonable degree. Constructive dismissal is a complicated legal area and it isn't possible to go into the ins and outs of it here, but you should know that you would first need to quit your job before you can bring a claim for constructive dismissal.
See a solicitor or contact ACAS (http://www.acas.org.uk/)
And please, ignore dodgey advice from LLB students who think they're writing an essay! :-)
2007-03-11 03:17:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Its legal if your contract states 'cover for the team leader'. It doesn't matter how much they pay the team leader. If they took a pay cut you wouldn't expect less for doing their job.
Personally I think its another shoddy example of how the modern business world works.
Try ACAS and see if they can give any advice, theres also Citizens Advice if you're not a union member.
http://www.acas.org.uk/
2007-03-10 02:03:57 · answer #3 · answered by sarah c 7 · 0⤊ 0⤋
No, there are diverse unsolicited mail and pretend e mail issues popping out of the united kingdom at the instant, many are money laundering, money order scams, and so on. the united kingdom has had numerous terrorist threats and strikes of previous due; any development initiatives would be on carry and the investment looked at.
2016-11-23 18:47:10 · answer #4 · answered by cordwell 4 · 0⤊ 0⤋
They can do whatever they want in this case. People are covering all the time without getting paid for it.
2007-03-09 19:00:06 · answer #5 · answered by Truman 3 · 0⤊ 2⤋
quite simply... YES it is legal.
You do not 'officially' hold the title/job of 'team leader' so this job or roll can change without notice and without affecting your job / roll.
2007-03-09 19:15:04 · answer #6 · answered by redcar_rebel 2 · 0⤊ 1⤋
I would have to say forget covering get promoted and get more money!!
2007-03-09 19:06:21 · answer #7 · answered by dan T 3 · 0⤊ 2⤋
just work hard and get recognition
your carping on will make your day longer and your blood pressure higher ... think long term career
2007-03-09 19:03:34 · answer #8 · answered by q6656303 6 · 0⤊ 2⤋
you can refuse to do it, but they might try and stick you for 'any other duties as reasonably requested' talk to your union rep
2007-03-09 18:56:39 · answer #9 · answered by vdv_desantnik 6 · 1⤊ 1⤋
Hi ya, you can always ask citzen advise,good luck
2007-03-09 19:05:06 · answer #10 · answered by kirsty m 2 · 0⤊ 2⤋