Lowering pay; legality

[Brigadier]

Hello All,

I'm guessing this would just be a matter of replacing a contract of employment, but would appreciate a definitive answer


Overtime is compulsory (but not guaranteed, although effectively always happens), and was previously unpaid (justified as "salary").

As no pay rises were forthcoming for a number of years, (compulsory) overtime was then made payable, in lieu of a pay rise.
This was sold as an equivalent pay rise of x%, which was all explained in a revised contract.

Can OT be reverted back to unpaid and if so, how could it be done legally?


TIA

 

[SirGalahad]

So contract states original number of hours or usual hours of work?

Does it state when overtime becomes due?

If it states that overtime will be paid then without a new contract you can't change that.

But it all depends how and when you defined overtime.

 

[Brigadier]

Normal working hours are defined, as is overtime.

 

[motorbiking]

If they are consulting you on the change and you accept it - then its agreed. If you refuse, you may find yourself being made redundant. It really does depend on how the pay for overtime was communicated and what would happen if you worked contracted hours only, if they took it away.

They cannot just do it as that might be an unlawful deduction of wages.

 

[EFLImpudence]

If they are consulting you on the change and you accept it - then its agreed.

Agreed.

If you refuse, you may find yourself being made redundant.

That would not be "redundant". Redundant is your post being done away with.
If you refuse new conditions of employment (is it a contract?) then you will have to leave.

 

[motorbiking]

No what happens is they make your role redundant and create a similar role with the new terms and invite you to apply. You don’t have to leave if you reject the changes to your terms. you just carry on as before until they work out what to do.

However if you don’t dispute the changes then you are deemed to have accepted them.

yes it’s a contract. even if not in writing