I’m looking for some advice on disputing an employer trying to cut a none existing shift allowance from pay.
My partner has worked for the same manufacturing company for seven years. The company operates with a standard day shift (8-4) and then an early and late shift. Those who do the early and late shift are entitled to a shift allowance of 20% their hourly rate. 18 months ago, my partner took a substantial promotion and moved from early/late shifts to the standard day shift.
When the government announced the lock down, my partner’s company furloughed all their staff. Last week, they asked my partner and a small team of his colleagues to come back to work. The company was running low on stock and was at risk of losing customers if they didn’t start operating, even at a small level.
It was explained that the company would only be operating during the day shift so those who normally received the shift allowance would no longer be entitled to it. My partner was relieved as this would not affect him.
Yesterday he received an email from HR asking him to confirm acceptance of a 20% reduction in his hourly rate. When he queried this, the HR manager replied apologising and said he was still on their files as working shifts from his previous position.
Later that day, the HR manager called my partner. She said that my partner had been receiving shift allowance and had to accept the 20% reduction. He explained that was not the case and that he had a letter from HR outlining his pay rise and it made no mention of receiving a shift allowance or being expected to complete shifts. He also pointed out that he had not worked a shift in 18 months and how a 20% reduction in his hourly rate would actually be less money than he earned before his promotion.
The phone call ended with the HR manager saying she had to speak to the MD as my partner’s manager and the HR advisor who worked on his promotion are still furloughed. She did not come back to him and my partner is due to return to work on Monday.
Returning to work in the current situation is very stressful and the worry of having his pay cut by 20% is having a massive effect on my partner. He already has very little confidence in this company due to other things that have happened over the last 18 months, including how his manager took his new contract back off him before he could sign it and never returned it.
Does anyone have any advice on what we can do should they return still trying to enforce the 20% reduction? His hourly rate is the same as his colleagues who then also received shift allowance on top. However, he is concerned the company may say his standard hourly rate was less because he has slightly less experience despite there being no mention of progression in any of their discussions or the letter he received with his new hourly rate.
His colleagues who normally get the salary allowance have been asked to confirm they understand they will not receive it, but they have not been asked to make any further cuts to their standard rate of pay.