Wonderful people of fab - looking for a bit advice so i am armed for monday morning!
took a new role on at work and have only ever been told that they pay rate is £x.xx an hour, my contract says my pay rate is £x.xx an hour
my boss rolled out a tiered performance related pay structure the other day claiming if my work wasnt good enough they would drop my pay - can they do that if my contract states a salary of £x.xx an hour? |
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By (user no longer on site)
over a year ago
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I'm sure someone more qualified than me will be able to give you a better reply than I can. But a change in role, is a change of job description. Your employment contract is still valid, but the terms and conditions of that employment contract have changed, its sounds like the fact that you have changed roles has altered the contract and you have been advised that your new contract is on a tiered performance related pay structure, which invalidates your original terms of conditions of employment. By accepting the new role you have given your tacit consent to the change in pay conditions as well.
However your employer had a responsibility to give you in writing your new job description, before you changed roles and to inform you that there would be an alteration to your basic pay before you commenced your new role. As a result if your expected targets are unreasonable and it results in your taking home less pay, then you have a legitimate grievance. Taking action on the grievance in the private sector can be an absolute nightmare. Can result in alienation from or by the employer and result in a very uncomfortable work environment. TRY phone citizens advice before you take a pop at your employer.
In a nut shell, same employer, different role/ job description, different pay level= change of contract, ergo your existing contract for your last role is no longer valid. However the change in contract has to mutually agreed and your employer cannot change that contract with out your consent and is required to give you prior timeous notice of that change and it should be in writing. |
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sorry i guess i didnt explain myself very well in my OP.
The contract i am referring to reflects my new job role, i was given it after starting it and the rate of pay on it is the rate of pay i was told i would be getting in the new role |
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Does the contract mention anything about performance related pay?
CAB might be worth a visit for independent advice.
Presume as new, not easy to make subtle enquiries of others you trust at the firm. |
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By (user no longer on site)
over a year ago
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It sounds as tho they have changed the terms and conditions of the contract.
Is the performance related pay noted under the terms of the new contract or a letter of notice from your employer. If not ask them to provide one with details of the pay and terms and conditions.
If they wont or can't do this and go ahead and carryout this, they have opened themselves to a serious case that can brought before an industrial tribunal. |
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By (user no longer on site)
over a year ago
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If you have signed a new contract then you are bound by the terms in it, as is your employer, there is a caveat to this that you were given the due time to read the contract and were also told of the differences if any between your last contract and the new one. This has to be done if not your boss or company can be taken to a tribunal, the onus is on them to prove your new contract is fair and just and also they haven't pulled the wool over your eyes.
If it has an ellement of commission/ performance related pay, I.e. Sales targets and thresholds you have to meet, these should be laid out in black and White and can if stated in your contract as a lot do be discretionary by the company. As you are being paid by the hour and have a fixed rate for that then that cannot unless stated be changed without signing a new contract or be reduced if you do not reach certain targets. Otherwise all contractors could be paid nothing if the company does badly etc.
Acas is a good place to start, but I would ask citizens advice as well as a lot have specialist contract lawyers working pro bono for them, quickest and best is to contact a lawyers company, one that's not through the net as the ones that come up charge before you have met etc. Go to a local one and normally will give you free advice for first 30/45 mins.
Any probs pm me privately. |
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