Breach of Contract 8 weeks in

LegacyUser

Hi all, looking for a bit of advice please. I'm posting anonymously and won't reveal certain details in case this gets back to the employer.

I started a part-time job eight weeks ago. Working Saturdays and Sundays, the job isn't anything special but it's not difficult or stressful. I consider myself semi-retired so am not looking for advancement or a career, a couple of days' work suits me though, a bit of extra cash comes in handy and it gets me out of the house from under the other half's feet.

At the interview I was told that a Sunday premium applied, I would get time and a third on Sundays. This was what made me take the job as it made a big difference meaning pretty decent money considering the nature of the work.

I was offered and accepted the job, but before starting I was then asked if I would be interested in a supervisory role. Different shift (morning rather than afternoon) but the same number of hours across Saturday and Sunday. Great I thought, might be a couple of Euros extra per hour in exchange for a bit of extra responsibility. Accepted the offer and started work.

I subsequently discovered that the supervisor gets paid just 45c per hour over the standard rate, disappointing but oh well I thought, still slightly better off.

They took their time paying my wages, on receiving my first payslip around week 6 I couldn't work it out so raised a query with my boss and was told that because I'm on the "higher" wage that Sunday premium does not apply. I was shocked, I'm earning 45c extra per hour over the standard wage on a Saturday and €4 less per hour on a Sunday. Which means that as a "supervisor" I'm earning considerably less than the people I'm supervising.

As I said earlier when interviewed I was told that the Sunday premium would apply.

When accepting the supervisor job at no time was I told that Sunday premium would not apply, nor did they point out that it actually paid a lower wage than the job I'd been interviewed for, been offered and accepted.

My contract of employment states "Employees who work on a Sunday and are not entitled to overtime will receive Sunday premium at the rate of time and a third for all hours worked on that day. The company reserves the right to amend the level of premium paid on a Sunday...", With regard to that last bit I accept that it means they can change the Sunday premium but it is reasonable to assume prior notification.

My boss has stated that rates are set by Head Office therefore it's out of her hands, but she promised that she is trying to renegotiate a better rate . I'm not sure I believe her as in another conversation she said that there will be more money in the budget for this particular site next year so I may well get an increase then, which implies that rates are decided locally. I feel she might be stringing me along until after Christmas as I have stated that I will most likely hand in my notice soon. Christmas will be an extremely busy period so I'm tempted to bide my time, hand in my notice two weeks before the holidays and really drop them in it.

I have been meaning to join the union as I have been a trade union member pretty much all my working life but hadn't yet got around to it in this job.

Throughout this period I have been hard-working, dependable, trustworthy and professional and I'm certain that they would like to retain me but at what price? I won't be taken for a mug, and am considering my next steps.

So, now what? What are my options? I'm fully aware that after 8 weeks I have very few rights and they could sack me on the spot for any reason they pleased. However I'm also certain that both parties are bound by a contract and this amounts to a breach of contract. I think I could probably leave and claim constructive dismissal, but in terms of a part time job where only 8 weeks have been served, what does this mean? I could probably take a small claims action and claim damages equal to the 8 weeks Sunday premiums, which would be perhaps 300 euros. Not a huge amount but a step I would be prepared to take on principle. Is that/ the extent of my options?

Many thanks!

Tenigate

Regarding "The company reserves the right to amend the level of premium paid on a Sunday".. in my view, you're entitled to the agreed overtime rate for the hours you've worked before you were notified. By continuing to work there (under the new rules), well that's your decision and you won't have any legal right to the extra pay.
All that stuff about constructive dismissal, I doubt you'll get anywhere with that. If you can afford to, the best bet is to give your 2 weeks' notice* and walk.

* edit: only if it suits you.. they've already breached your contract.

padser

You're working with the company for 8 weeks. If you don't like the conditions, leave.

seamus

Any provision where the employer claims to be able to amend remuneration without notice or agreement, even premium pay, is nonsense and unenforceable.

In any case, there's nothing you really can do. You're not there long enough for the unfair dismissals act to apply, so can't make a complaint of constructive dismissal.

I'd walk tbh. Forget two weeks' notice, they've already broken the contract so you've no reason to stick with it. Just call up the boss and tell her you're done, seeya later. Preferably late on a Saturday evening when you're rostered in for the next day.

LegacyUser

Thanks to those who have replied, I appreciate the advice very much,

seamus wrote: »

I'd walk tbh. Forget two weeks' notice, they've already broken the contract so you've no reason to stick with it. Just call up the boss and tell her you're done, seeya later. Preferably late on a Saturday evening when you're rostered in for the next day.

Thanks Seamus.
Part of me wants to do this. Weekend workers are also required to work bank holidays so I'd be working Saturday 23rd, Sunday 24th and Tuesday 26 December. If I take this course of action I'll turn up on 23 December and drop my pass and a resignation letter to my employer on the doorstep, leaving them without a supervisor through the holiday period, at the shortest possible notice.

However I'm also considering whether there is any way I can coerce them into paying me the Sunday premium. I quite like the job and would like to stay if at all possible. I know I am valued but they are cheap bastards. What are the boardsies' opinions on the idea of handing in my notice two weeks before Christmas but including a sentence to state that I would be happy to withdraw my resignation if I receive a written guarantee that I will be paid the Sunday premium. I'd not even ask for it to be backdated.

The possible drawback of this plan is they agree just to get me to work the busy period and send me on my way in the new year.

Any ideas?

daheff

have you told them you are not happy with this and feel you have been misled?


thats where I would start. And if they dont sort it, i'd walk out without bothering to tell them. sounds like they are trying to take advantage here.

Diziet

Ask them to drop you to the previous role, but keeping the supervisory duties if you want to help them out. And say that you are prepared to walk out, because you were misled, and can they please sort it out. 
So essentially you are proposing a solution (always good when you ask for something). Be calm and steady, don't threaten with walking out over Christmas (you always have the option to walk) and say you want to find a solution. they were prepared to pay you the premium, so it should be possible to work something out. Promises of salary increases are jam tomorrow...

_Brian

It doesnt sound like you NEED to stay, if not..

Stick them with an untimatum, either the terms agreed at the interview stand or your gone.. And I wouldnt give them long to decide either..

notharrypotter

At the interview I was told that a Sunday premium applied, I would get time and a third on Sundays. This was what made me take the job as it made a big difference meaning pretty decent money considering the nature of the work.

I was offered and accepted the job,

You applied for and accepted job A and were aware of job A' terms and conditions.

Then

I was then asked if I would be interested in a supervisory role. Different shift (morning rather than afternoon) but the same number of hours across Saturday and Sunday.

When accepting the supervisor job at no time was I told that Sunday premium would not apply, nor did they point out that it actually paid a lower wage than the job I'd been interviewed for, been offered and accepted.

You assumed that this applied but did not verify it.
Its not the Employers fault that they are paying you the rate for the role.

I know I am valued but they are cheap bastards.

You are not the first person to discover that the supervisor role is not all its cracked up to be and has a sneaky clause regarding who works Sundays and how they are to be paid.

You have 2 choices.
Walk or suck it up.

B.A._Baracus

Have to mirror Padser's advice and say if you dont like it then leave. Only in the job a wet day.
Actually, when you think about that... you're only in said wet day and you already got offered the supervisor position. Ahead of anyone else with more time in than you. Ahead of anyone else who would of wanted the role.

Maybe you just found out the reason why you were offered.

LegacyUser

Thank you very much for the advice all, some responses

Diziet wrote: »

Ask them to drop you to the previous role, but keeping the supervisory duties if you want to help them out. And say that you are prepared to walk out, because you were misled, and can they please sort it out. 
So essentially you are proposing a solution (always good when you ask for something). Be calm and steady, don't threaten with walking out over Christmas (you always have the option to walk) and say you want to find a solution. they were prepared to pay you the premium, so it should be possible to work something out. Promises of salary increases are jam tomorrow...

Thanks, this is a possible soluton I'm preparing to put to them. Unfortunately I heard from another member of staff that the previous supervisor left for the very same reason so I'm no longer optimistic. If anything I can make the point that it will be impossible to get anyone to fill a supervisor post paying a lower wage than the supervisees.

_Brian wrote: »

It doesnt sound like you NEED to stay, if not..

Stick them with an untimatum, either the terms agreed at the interview stand or your gone.. And I wouldnt give them long to decide either..

Thanks, you're right I can get by without the work, but the extra cash is handy. I certainly won't be taken for a mug. The cards are increasingly in my hand the closer we get to Christmas, it will be impossible to find and train another supervisor so I have some leverage here and am hoping to use that to my advantage.

notharrypotter wrote: »

You applied for and accepted job A and were aware of job A' terms and conditions.

Then
You assumed that this applied but did not verify it.

After accepting job B the employer verified the terms and conditions by detailing them in my contract of employment, which stated quite clearly that Sunday premium applied.

B.A._Baracus wrote: »

Have to mirror Padser's advice and say if you dont like it then leave. Only in the job a wet day.
Actually, when you think about that... you're only in said wet day and you already got offered the supervisor position. Ahead of anyone else with more time in than you. Ahead of anyone else who would of wanted the role.

Maybe you just found out the reason why you were offered.

This may be true, but it also may be the case that this role was a major step down compared to what I'd done previously, which I don''t mind, as I said I'm looking for a couple of days work and some extra cash rather than a career. I think past managerial and supervisory experience is what lead to them thinking I was suitable for the supervisor role, or maybe it was the "MUG" imprinted on my forehead

Thanks everyone

LegacyUser

Thank you very much for the advice all

Diziet wrote: »

Ask them to drop you to the previous role, but keeping the supervisory duties if you want to help them out. And say that you are prepared to walk out, because you were misled, and can they please sort it out. 
So essentially you are proposing a solution (always good when you ask for something). Be calm and steady, don't threaten with walking out over Christmas (you always have the option to walk) and say you want to find a solution. they were prepared to pay you the premium, so it should be possible to work something out. Promises of salary increases are jam tomorrow...

Thanks, this is a possible soluton I'm preparing to put to them. Unfortunately I heard from another member of staff that the previous supervisor left for the very same reason so I'm no longer optimistic. If anything I can make the point that it will be impossible to get anyone to fill a supervisor post paying a lower wage than the supervisees.

_Brian wrote: »

It doesnt sound like you NEED to stay, if not..

Stick them with an untimatum, either the terms agreed at the interview stand or your gone.. And I wouldnt give them long to decide either..

You're right I can get by without the work, but the extra cash is handy. I certainly won't be taken for a mug. It will be impossible to find and train another supervisor adequately immediately prior to Christmas so I have some leverage here and am hoping to use that to my advantage.

notharrypotter wrote: »

You applied for and accepted job A and were aware of job A' terms and conditions.

Then
You assumed that this applied but did not verify it.

After accepting job B the employer verified the terms and conditions by detailing them in my contract of employment, which stated quite clearly that Sunday premium applied.

B.A._Baracus wrote: »

Have to mirror Padser's advice and say if you dont like it then leave. Only in the job a wet day.
Actually, when you think about that... you're only in said wet day and you already got offered the supervisor position. Ahead of anyone else with more time in than you. Ahead of anyone else who would of wanted the role.

Maybe you just found out the reason why you were offered.

This may be true, but it also may be the case that this role was a major step down compared to what I'd done previously, which I don''t mind, as I said I'm looking for a couple of days work and some extra cash rather than a career. I think past managerial and supervisory experience is what led to them thinking I was suitable for the role, or maybe it was the "MUG"