Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. are they reducing it pro-rata, i.e. in proportion to the reduciton?
No they say that my salary is based on having to work 47 hours a week not 40 as stated in my contract.
so you are contracted to work 40 hours but actually work 47?
Yes that correct
how long has that arrangement been in place for?
what are you reducing your hours to?
Whilst your contract may state you are employed and paid for 40 hours, if you have had an arrangement to work for 47 hours a week and have happily accepted that and continued to be paid the same salary, after a period as long as 13 years it is most likely that this would have become your contractual arrangement. This means that even though your contract says one thing, what has been happening over the years would have become your actual contractual terms. So this means if you are reducing your hours from 47 to 36, you will no longer be working the full hours for which you are currently being paid a salary and the employer could seek to reduce your pay to reflect this reduction in input from you. You cannot expect to be working less and still get the same pay and the employer could reduce your pay in proportion to the hours you are reducing your working time by.
In conversation with my immediate supervisor I've always insisted with him that my agreed hours are 40 hours per week and that any hours that I've worked extra are to ensure that work is kept up to date, I've always stated this to him over the past few years. Does this make any difference?
it may help but from a legal point of vie you continued to do these hours consistently and never formally challenged this, you did raise your objection but continued to work them over the years. A more robust approach would have been to refuse to do these hours and make your intentions clear at the time
I've continually stated this to my supervisor and have had many an argument with him as I strongly disagreed with his stance
if that is the case you may use it as an argument and evidence that you never accepted these changes but then it becomes an issue of interpretation and fact and if there is a dispute between you and the employer and you cannot agree on it, only a tribunal can decide what should actually happen. Of course it is not ideal to have to go that far to sort this and as a first step you can pursue the matter internally, such as through a grievance
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks