Change in overtime pay...

Change in overtime pay...

Author
Discussion

206xsi

Original Poster:

48,803 posts

255 months

Friday 5th September 2003
quotequote all
I work for a large software company and at present my overtime is 1.5x for Saturday, 2.0x for Sunday...plus a day in lieu for each day worked (yeah - damn good).

As of March new starters have been offered 0.5x for Sat, 1.0x for Sunday...plus days off.

HR have decided that due to precedent they can't lower current employees overtime to the new level (damn good too, it's worth £6k pa to me).

Problem is I'm looking at promotion within the next month - so I'll get a new contract, can they then hit me at the reduced overtime?

m-five

11,437 posts

291 months

Friday 5th September 2003
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Yes they can, but you don't have to accept the promotion and associated contract.

If it works our worse financially then sod it and stay at the grade you are - if it works out better (or you can negotiate a better deal) then go for it!

stc_bennett

5,252 posts

274 months

Friday 5th September 2003
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You shoudl be able to keep your original conditions as your start date with the company is before these conditions come into play.

rich-uk

1,431 posts

263 months

Friday 5th September 2003
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They can change your contract at any time with 30 days notice, if you don't like it, you have to leave nad claim constructive dismissal, though you'd have to have good grounds.

stc_bennett

5,252 posts

274 months

Friday 5th September 2003
quotequote all
rich-uk said:
They can change your contract at any time with 30 days notice, if you don't like it, you have to leave nad claim constructive dismissal, though you'd have to have good grounds.


If they forcefully change the contract wouldnt that be harsh and give the company a bed rep and hence no one would want to work under those conditions

bobthebench

398 posts

270 months

Saturday 6th September 2003
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Same company, but new job, new contract, so everything's negiotable from scratch. Case of take it or leave it really.

rich-uk

1,431 posts

263 months

Saturday 6th September 2003
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I beleive that's what the law is as we've just done something similar in my company, as long as it's not unreasonable and you have a consultation period with staff representatives and the majority go for it, you don't have a choice.

dontlift

9,396 posts

265 months

Tuesday 9th September 2003
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stc_bennett said:

rich-uk said:
They can change your contract at any time with 30 days notice, if you don't like it, you have to leave nad claim constructive dismissal, though you'd have to have good grounds.



If they forcefully change the contract wouldnt that be harsh and give the company a bed rep and hence no one would want to work under those conditions


The way the it industry is today - reps can be as bad as they want and people will still work there, as there are plenty more it bodies out of work and waiting to fill the spaces

jasper gilder

2,166 posts

280 months

Saturday 20th September 2003
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If an employer unilaterally changes th eterms and conditions of an employee in a manner which goes to the hears of the contract (I.E not changing tea breaks by 5 mins)the employee may resign and claim constructive dismissal. If they work under the new cotract without protest they are deemed to have accepted it whether they have signed it or not. If the employer can show that the change in terms and conditions was a requirement of a legitimate businesss reorganisation, it is lilely that the constructive dismissal will not be unfair.

Frankly if you're ambitious you're going to have to kiss good-bye to overtime one day - just try negotiating a good enough basic to mean it doesn't hurt!

206xsi

Original Poster:

48,803 posts

255 months

Sunday 21st September 2003
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Thanks for the replies - it's all hypothetical now as they passed me over for promotion despite doing the job in an 'acting' role for a year.

I'm off to pastures new (when I find them!!)