AIBU? Or is my manager wrong?

[Shopgirl19]

I am 18 and work as a p/t sales assistant in a major High St store, when I went to the interview I was offered 8p/h, this was the same wage as my previous role in retail. Around 2 months later I received an email asking me to sign an e-contract which stated I would be paid 7.40p/h. As this was not the same as the original offer I refused to sign the contract and spoke with my Manager. The contract was repeatedly sent to my email address and I never signed it until I received a new one stating the correct pay. My manager spoke to the HR manager and they drew up a letter apologising for the incorrect pay and stated I would be paid 8p/h until I reach 21 and any o/t would be at 7.40 which I agreed to, both myself and my manager signed this.
This is the only document that I have signed.
I was called into the office last week and told HR had had multiple conferences about my pay and it has now been decided that in the next 4 weeks they will be taking it down to 7.40ph. I think the reason there was a confusion at the start was everyone but me in the store is 21+ and they have realised I am 18 and should be on minimum wage.
I have just joined a union but cant seek advice until 4 weeks into membership.
Any advice on where I stand would be appreciated.

How long have you been there? I'd be careful as they may well just fire you as they will want everyone on the same correct wage.

Thanks so much for replying, I’ve been there since July last year. I’ve spoken to the other managers about that and she said that they won’t do that as they need me in store and I’m a good worker and don’t want me to leave.

Wow - they really are incompetent.
Do you want to work there?
Could you get something else?

Ok, so over six months and no longer on probabtion but under the two years.

Legally they can offer you the job at the lower rate and it's then your decision if you accept it or leave.

If you can, I'd try to get something else.

Also, why are you paid less for overtime? When I worked in retail over time was time and a half, and double time for Sundays/bank holidays. But that was donkeys years ago...

I do actually really enjoy it there and the other managers are outraged by what their doing.
Wouldn’t that be dismissal on unfair ground.
That was the deal they proposed to me the first time I was called in (8 pound for contracted hours and 7.40 for overtime which I agreed too as I rarely do overtime).

I spoke to the big HR manager yesterday who just took me round in circles with a load of corporate jargon and said ‘you won’t have anything that says 8 pound and hour as we where giving you ‘additional pay’ as it shows up on the pay slip’ but on the letter I recurved it says 8 pound per hour and it has been signed by myself and my manager.

I bet they've put more paid staff time into titting around with this than will ever be paid back by reducing your wage 60p/hour. Fuckwits.

Wouldn’t that be dismissal on unfair ground.

Not with less than 2 years service, no.
AIBU is not the best place to ask employment questions. Report and ask this to be moved to employment issues. You’ll get replies from people who know what they’re talking about.

I know I will post it in there, just at my whits end and know this thread get traffic x

Give Acas a call if you are UK, they will be able to advise

You mistakenly believe that because you havent signed the contract you are not bound by the contents .
By starting work, an individual effectively asserts that he or she has accepted the employer's terms and conditions.
Tbh I am surprised that they are still employing you , you have less then 2 years employment and they can terminate your employment at any time
BTW minimum wage from the 1st April for an 18 year old is £5.90

You mistakenly believe that because you havent signed the contract you are not bound by the contents.
By starting work, an individual effectively asserts that he or she has accepted the employer's terms and conditions.

But the employer terms or conditions when she signed up was that she would be paid £8. Or are you saying that an employer can at any time alter you contract however they like, and if you continue turning up for work while you argue about that means you accept it, and therefore cannot win the argument legally?

You can't claim unfair dismissal before two years. Basically they won't want to set a precedent by paying one employee more than others, it opens the flood gates. The role is a min wage job. An error was made, they have. Told you this and the correct wage. I think you will need to accept or move on.

I can't believe would get rid of a good worker for the sake of saving 60p an hour. Actually there probably wouldn't be any saving, as it's likely any replacement would be over 21, given that all their other staff currently are.

Contact the union rep anyway. This is madness, you signed a contract they should honour it. Don't sign anything else

otheractivities "By starting work, an individual effectively asserts that he or she has accepted the employer's terms and conditions."

But the terms and conditions she'd explicitly been offered were £8/hour and she'd been paid for two months on that basis before she was asked to sign a contract agreeing a different hourly rate. Is it the case that by starting work she was asserting that she had accepted the terms and conditions that they later decided to offer her rather than the terms and conditions that they had offered her before she started work?

But the employer terms or conditions when she signed up was that she would be paid £8

And if min wage goes up to 8.40 she'd be happy to stay at 8?

It was an error and they don't need to abide by it, under two years and they can just get rid.

I can't believe would get rid of a good worker for the sake of saving 60p an hour

But it's not about the sixty pence for them, it's about what they pay for the role and what is fair for all employees.

But the employer terms or conditions when she signed up was that she would be paid £8. Or are you saying that an employer can at any time alter you contract however they like, and if you continue turning up for work while you argue about that means you accept it, and therefore cannot win the argument legally?

She was offered £8 per hr at the interview ( she says ) ...Not sure where you get she signed up for anything

And employers can alter contracts if its in the best interest of the business , but as she has less than 2 years employment she really has little rights

It was an error

So is an employer legally allowed to just say just say "oops, that was an error" about any terms and conditions in a contract, and change it to what they like? Because then I'm not seeing the point of a contract.

Other shops are available OP! Find one and work there, because I can guarantee that if they are this incompetent about the amount they have promised to pay you, it will follow through into other annoying areas.

And employers can alter contracts if its in the best interest of the business

I was under the impression that employers are not allowed to arbitrarily reduce workers salaries whenever the feel like. I mean, I think it's literally illegal.

I think it's literally illegal.

and that’s why AIBU for employment concerns is not a good idea.

Bluntness100 is right. The OP has under two years employment so they have few legal rights. If the OP chooses not to accept the £7.40 pay rate then they'll be given notice and dismissed. They're a shop worker, so from the employer's point of view easily replaced.

And when it comes down to it, none of the other managers will stick up for her, their own jobs are more important.

Accept what they offer OP or accept that you won't have a job for much longer. That's the reality of the situation.

And if min wage goes up to 8.40 she'd be happy to stay at 8?

For even suggesting that as a possibility,