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Flexible working pay?

7 replies

Libra1975 · 09/12/2008 22:03

Thank you to those of you who helped me with my flexible working application not only was it approved but my first choice nursery also said yes so I'm a pretty happy bunny at the moment.
Work want me to have a meeting to discuss the new arrangement and they have said one of the things they specifically want to talk to me about is salary, I know nothing about employment law but i presume they have to pay me pro-rata to my original FT salary otherwise they would be treating me less favourable than a FT worker?

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ilovemydog · 09/12/2008 22:10

It's fairly typical for salary to be worked out on a pro rata basis, but it depends how you negotiate it. Also keep in mind:

  1. annual leave - how will it be calculated
  2. Any bonuses
  3. Bank holidays
Libra1975 · 09/12/2008 22:15

Does my company have any legal grounds not to work it out on a pro rata basis?

Annual leave - presume that would be pro-rata as well.

bank holidays - oh good one, especially as one of my working days is Monday. Just presumed they would want me to work Tuesday instead but need to check.

Bonuses? Haha, I will be lucky if my company even exists in 6 months!

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flowerytaleofNewYork · 10/12/2008 09:07

Do you have any reason to think they wouldn't want to work it out on a pro rata basis? That would be very unusual? Typically salary and holiday would be pro rata from your full time entitlement. In terms of bank holidays it depends whether they are included in your annual leave entitlement. If they are separate, you will be entitled to a pro rata amount of bank holidays, which, depending on the days you work and how bank holidays fall in any year, might mean taking extra days or working different days to balance it out.

Libra1975 · 10/12/2008 09:27

My company is in dire financial straits and I imagine they are looking to cut corners where they can I was just wondering if they turned round at the meeting and said we are going to pay you X amount and that X amount was less than what I would get pro-rata if I had a legal leg to stand on to say no you have to pay me pro-rata.

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flowerytaleofNewYork · 10/12/2008 09:33

Presumably they are saving a fair chunk of money by you reducing your hours anyway.

You would have a leg to stand on, a possible sex discrimination leg and a unfair treatment of part time workers leg as well. Is there anyone doing the same job as you full time?

RibenaBerry · 10/12/2008 09:43

What Flowery said!

The only reason for it not to be pro-rata is if your job is also changing in some way. One example I have seen is that, if everyone else is expected to stay late fairly regularly and work unpaid overtime, and you have an agreement that you will never be required to work past your contracted hours, there could be a further adjustment for that.

Unless it's something like that then, as Flowery said, it is discrimination against a part time worker and possibly also sex discrimination.

Libra1975 · 10/12/2008 17:27

Thanks guys, there will be no-one else doing my job full-time.
My job will not be changing and I am quite happy to work the occasional overtime and fill in when needed (with prior notice) as my company is aware.

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