Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you mean the company paid 30h instead of 32.5 whilst the person was on secondment?
No while on secondment they were paid the correct hours worked when they returned to their normal role they worked 32.5 hours which they were contracted to do but were only paid for 30 hours this did not come to light until they had been off sick for a while but that is a another issue which has been sorted
was there a secondment agreement in place and did it guarantee the employee keeps their old job on their return? Or was it agreed in any other way?
It is company policy that you return to your old role with no change if the secondment is less than 12 months
what does the company say there is no proof of?
That the person concerned worked said hours ie 32.5 hours but as stated her contract before the six months secondment was for 32.5 hours it was agreed they would return to the hours worked before going on the secondment and as most of the time rotas for the weeks were never put up they had no way of knowing the hours had been reduced and as variations have to be agreed they kept working said hours
ok and what do they want to achieve - get paid for the hours worked? Keep the old hours?
Having changed departments within the company they what paying for said hours
They what paying for the 2.5hrs a week worked unpaid from their return from secondment up to change of department as they are now working increased hours
and is there actually any evidence of the hours worked for that period?
No just that she returned to old hours with no agreement in place or notice of hours reduction
If there was a policy that entitled the employee to keep their old hours on return from secondment, then the employer’s apparent reduction would amount to a potential breach of contract.
If the changes were done without the employee’s consent, then the non-payment of their contracted hours could amount to breach of contract and/or unlawful deduction of wages.
In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. The employee can also raise a formal grievance. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Thank you that helps in confirming our view point
you are welcome