My BIL (not the first time I have spoken about his job) is being made redundant, along with all his fellow workers as the company is relocating. He was transferred to this company a few years ago with a few other workers in a buy out. The other workers have since left. Other worker have been taken on. He was told at christmas that he was the only employee on the 'old contract' and lower rate of pay than everyone else (any new workers were taken on at the higher rate)and would be given the same rate of pay. This, despite enquiries to his boss/HR has never happened. He beleives he should be due back pay and obviously it will affect the amount of redundancy pay he gets. He has spoken to HR again but as they are all leaving too noone seems bothered. All the men do identical jobs and it seems so unfair, he's a really good bloke. Is there anything he can do? Thank you for any help.
------------- Pally
The pen is mightier than the sword - but only if the sword is very small and the pen is very sharp...
That does seem unfair, at least morally, however at a previous company I worked for they often changed terms and conditions for new workers and the old workers were left with their original contracts. If that's the contract you signed, that's the contract you were stuck with. There may be some scope to pursue on the grounds that the company agreed to a contract change however - did he have this in writing?
I would suggest speaking to a union if he is a member of CAB.
Apparently there were emails sent by his boss to HR about it which he is trying to get hard copies of. I appreciate that those were the terms they accepted on employment (either that or back on the dole, not much round here) but everyone already at the new company was already paid more and anyone taken on since has too. As you say it is morally wrong and if they said they would change it I think they should honour it. No unions involved I'm afraid.
------------- Pally
The pen is mightier than the sword - but only if the sword is very small and the pen is very sharp...
T&Cs when one company is taken over by another are a minefield. I work for a large (5000+ employees) company that was created by combining two smaller organisations, both with their own T&Cs - that was over 10 years ago. There are effectively now THREE sets of T&Cs - the ones hung over from the original 2 companies, and a third 'harmonised' set - but the harmonised T&Cs haven't been adopted across the board, so those who are still in the same job they were doing 10 years ago are on different rates of pay, different annual leave entitlement, different sickness reporting and absence rules, to those who have been employed (or changed jobs) since! And this is a Union-controlled industry, so they don't make things easier.
The company has no obligation to pay more than statutory redundancy, if your BIL earns more than this /week (I think it is £380) there is no obligation for the company to pay more than this, this will also apply to the other workers who are on a higher rate of pay.
I think you will find that equal pay legislation only applies to differing rates between men and women doing the same job. The question of his pay should have been discussed at any performance reviews.
There is nothing to stop a firm taking on new people at different terms to existing staff. Where he might have a claim is where you say he has been told that he would be put on the same rate of pay as others. Can he "prove" this ? It would form part of his contract and he may be able to claim that the company are in breach of contract. However....if the company is going to the wall, will they really give a damn ?
------------- It'll work out in the end!!!!
I didn't do it !! Nobody saw me do it !! You can't prove anything !!
Exactly MikeJ, he just feels that he has been strung along and let down in the end, especially as everyone else is paid more for identical work. Yes, ideally he could have left etc but regular work is hard to find and they did say they would increase his pay. I shall pass on everything and he'll take it from there. Thanks
------------- Pally
The pen is mightier than the sword - but only if the sword is very small and the pen is very sharp...