My manager wants to change our agreement and I have no new contract

[fieldofschemes]

Hi all, I’ve recently accepted a new job role at my place of work but feel that I’m being messed around re: pay and hours and would greatly appreciate some advice really.

Just to outline my current position, the job I originally applied for a month ago was advertised internally at my place of work (I was given a heads up to apply by my manager as I’d already performed the role in many ways), the hours were advertised as 40 a week and the job was to include occasional duty manager responsibilities. Several days after a successful first interview I was informed by my manager that the job on offer had now changed and it would now be 35 hours a week and that the reduction in hours was due to the fact that the duty manager responsibilities were no longer required. I was then asked if I was still interested in the job and I indicated I was. After another successful interview I was offered the job and was informed by my manager that the hourly rate of pay would be £8.93. I then accepted the job, although I have still not signed a new contract even though I’m almost a month into the role (very relevant here!).

A few weeks after starting in my new role I was approached by my manager and told that after having a conversation with the Senior Manager it was determined between the pair of them that my rate of pay could not be justified without the inclusion of duty manager responsibilities. It was then put to me that I would be required to be added to a rota to participate as duty manager on occasion or face a reduction in my hourly rate of pay.

My problem is this: while in essence I do not take issue with working as duty manager, I do take exception with having to do this on five hours less than my predecessor and my current equivalent (who my manager is trying to pressure into dropping 5 hours). My understanding was that the hours were reduced from 40 to 35 because the duty manager role was no longer an element of the job and the rate of pay was neither here nor there. By reinstating the duty manager role I think the job should rightly go back to 40 hours. If this is not to be the case I would be happy to continue in my current role with my current responsibilities and rate of pay, having verbally agreed with my manager that my hours would be 35 and the rate of pay would be £8.93. I feel to backtrack on this arrangement would not only be unfair but a breach of trust between employer and employee that would not reflect well on the company. However, I’m aware of the precariousness of my position given that I don’t have a new contract to back me up!

I am very much enjoying my new job role and have forged some great working relationships with my staff but I feel like I’m being taken for a mug. I’ve spoken to the Senior Manager today and she’s not budging, is there anything I can do? Should I go to HR?

TIA

[8angle]

I think you firstly need to decide if things remain as they are would you rather:

1. continue with the new role, for 35 hours @ £8.93 including some duty manager hours.
   

or

1. go back to your previous role.
   

I don't know the employment law but i think that given they had told you it would be 35 hours before you accepted the job it is going to be hard to argue that is unfair.

They have effectively just given you more responsibility in the job you applied for at the same hours and the same rate of pay as agreed.

I do agree that they have not handled the situation particularly well.

If you decide you would rather go back to your previous role than continue in the new one under the current circumstance you have nothing to lose.
You could suggest that for the increased responsibility you should have a higher rate of pay.

If you suggested £9.56 per hour for 35 hours this would be half way between, 35 and 40 hours at £8.93... some compromise from both sides?

[fieldofschemes]

Hi, thanks for the advice.

Maybe I'm looking a gift horse in the mouth a bit but I guess I just feel annoyed that the person who previously occupied the role was on 40 hours while I'm expected to do the same job in 35. Basically, the company I work for is about to start a rebidding process for the contract they hold and I think perhaps because of this my manager is tightening the purse strings and has seen an opportunity to shave some hours off of the job and expects me to suck it up. I can see no other reason for cutting the hours as the role and responsibilities have remained the same.

I'm mulling it over at the moment and tbh I think I'll probably accept the role. It is a promotion. Hadn't thought of asking for a higher rate of pay but I'm pretty sure, as my manager already thinks I'm sitting pretty on £8.93 an hour, she'll say no, but might be worth a try.

Thanks again