constructive dismissal question

[Ineedmorepatience]

I have recently been told that my wages are going to be cut by 16%!

I have told my manager today that I am not prepared to accept the pay cut as I have done nothing wrong and no one else at my work place is having a pay cut.

I said that the ball is in their court and that either they reinstate my pay or look for someone else to do my job!

Does this look like a case for constructive dismissal?

Hope someone can help

[MrsLeighHalfpenny]

Why are they cutting your wages? Have they altered your hours? Or what reason did they give?

[Ineedmorepatience]

Ok its rather long but here goes. I work for a committee based pre school but recently have been doing one to one for children with disabilities, the funding for the one to one comes directly from the council to the preschool.

We have always been paid half an hour extra to set up and clear away and in my case to hand over to parents this is equal to 15 mins before and after the session.

I was told in the last week of term that I would no longer recieve my extra half hour as the council werent covering it!

I am also the senco at the preschool and get paid 3 hrs a week for that directly from playgroup.

The pay is poor anyway and so losing the half hour equates to 16% of my daily rate!

There were 2 of us doing the role of one to one but now I am the only one so I guess they took the opportunity to rip me off! I have worked my guts out for 7 yrs in this place

[MrsLeighHalfpenny]

TBH I think you've been lucky to get "setting up" money and "clearing away" money in the first place. Not many jobs would pay that. Is it in your contract? If so, they can't just take it away.

[Collaborate]

I wouldn't be doing work I'm not being paid for. If funding of services gets cut there has to be a knock on effect at the delivery end unless you're prepared to work for free. And why should you?

[titchy]

So your rate of pay isn't actual being cut then, just your hours? Don't work the half hour you're losing then.

[Kampeki]

What does your contract say?

[RedDaisyRed]

Are you an employee and what does your contract of employment say? Does one organsation pay you or different ones for different bits of that work?

[RedDaisyRed]

Or you might be self employed. It makes a big difference. Do they take tax and NI off at source before paying you?

[Drquin]

Agee, you probably want to be clear on what is being cut. From what you've said, it looks like one (of the few) income streams is being cut by virtue of a reduction in hours. As opposed to a 16% pay cut. I know it equates to the same for you in your pay packet, but it makes a difference in terms of what you are fighting.

Whether it's for "clearing up" is possibly a red herring - you're either contracted for that time, or you're not. If you are, and employer is looking for a reduction in hours - that's unfortunately a reasonable conversation for them to have.

[Ineedmorepatience]

Ok, firstly I was given a choice I could either cut my hourly rate by £1.50 per hour or I could work for half an hour less each session. In reality that will never work because of the nature of my job I have to hand over to parents at the end of the session and set up activities at rhe beginning!!

When I thought about it I am not even sure that I habe a contract but I am definitely paid by the preschool and my NI is deducted at source (I dont earn enough to pay tax!!)

I have pay slips for the past 2 yrs which all say the rate of pay and 3 hrs per session!

The other 7 staff will still get there half an hour per day because they are not paid via the additional funding for children with disabilities! Some of their money is still council funded though because of the 2 and 3 yr funded places!! The rest comes from paying 2 yr olds.

To be honest I feel really insulted at the way I have been treared and will leave anyway if they dont reinstate my full rate, I cannot do my job properly without that half hour and why should I do it for nothing when everyone else is being paid

[Ineedmorepatience]

Thanks for your advice anyway

[AuntieDee]

Even if you are contracted to take them to court it is going to cost you in the region of £2k and if you lose you will need to pay their court costs. Can you afford to take that chance? It's totally crap but unfortunately they have you over a barrel :(

[Ineedmorepatience]

Nope AuntieDee I cant afford to take that chance! I have spent that this yr fighting my LA over getting a statement for my child, who is now out of school because the whole process took too long!

I guess I will walk away and spend time trying to sort my Dd out.

I hope they sleep well in their beds!!

[Ineedmorepatience]

Aahh well, I have sent an email stating that I cannot accept the reduction in hours or pay and if they are not prepared to pay the rate that I have been receiving for the past 2 yrs I wont be returning after the summer!

I can easily get agency work with no responsibilities at the lower rate of pay and not have to attend TAC meetings or do paperwork at home!!

No brainer really, maybe this was the push I needed, every cloud and all that!

[prh47bridge]

Even if you are contracted to take them to court it is going to cost you in the region of £2k and if you lose you will need to pay their court costs

Regardless of whether or not there is a written contract there is clearly a contract. The OP works and gets paid.

Court fees for bringing a case in the employment tribunal are £250 to start the claim and another £950 if a hearing is needed. If you win you will get these fees back from your employer. If you lose you may have to pay back any fees paid by your employer. In most cases they won't have paid any fees. Even if they have paid some fees it is not automatically the case that you have to pay. You will not have to pay your employer's legal costs unless your claim was very weak or you have acted unreasonably.

[Ineedmorepatience]

Thanks for clarifying prh47bridge