Price work/basic rate employment law

[vernam616]

Basiclly im after some advice for a friend

He has been employed for the past 4 years and been payed a basic rate, a new site has arisen within the company and he has been allocated to it, however the site is all based upon "price" work, am i right in thinking if he cannot achieve his basic rate on price, he should be topped up to basic?

The way its working at the moment and i really arnt joking here is he works 8 hours and rarely stops, sometimes even skips dinner and because he is doing a Quality job and not a very fast one, his price only works out at 3 hours per day !!!

He didnt know this last week, its only arisen this week because he works a week in hand

Any help appreciated
Thanks
Dan

 

[trev]

Surely he should be advised of a change in his employment contract in writing? Sounds to me like his company could be on dodgy ground here but more info needed mate

 

[Octopus]

I would recommend a trip down the CAB with any/all letters from his employers.

Sounds really dodgy.

 

[IQ Electrical]

Surely he should be advised of a change in his employment contract in writing? Sounds to me like his company could be on dodgy ground here but more info needed mate

Absolutely, if he was/is officially employed then such a change in T&Cs would have to be advised in writing and agreed by both parties before being implemented!

 

[vernam616]

Does doesnt it, hes worried there could be a stupid clause somewhere in his contract though

Either way hes said he isnt turning up for work tommorow and im pretty sure hes well within his rights not to either, no-one can make you work for less hours than your doing

The job in question is PV work, he is in a team of 4 and they are getting 4 roofs ready rails and brackets on and new tiles where needed, ready for the panels to go on

Price is 6 hours per house, 3 hours for rails and brackets and 3 hours for panels, they do 4 houses in a day which equates to 12 hours, divide that by 4 men and its 3 hours each for working 8 hours all day long

 

[Mark_Burgess]

Sounds like he and the others need to make a stand, and all take the same action with regards to the advise others have given.

The employers are just extracting the urine as they know they can get someone that is prepared to do it, it makes me sick of these organisations.

 

[trev]

Depending on the hourly rate it might be ok. Have they changed the rate from a man/hour to a squad hour?

 

[vernam616]

I dont think they have changed anything to be honest, just " your now on this new site ", " its price and you get payed 6 hours per house "

 

[Octopus]

The job in question is PV work, he is in a team of 4 and they are getting 4 roofs ready rails and brackets on and new tiles where needed, ready for the panels to go on

Price is 6 hours per house, 3 hours for rails and brackets and 3 hours for panels, they do 4 houses in a day which equates to 12 hours, divide that by 4 men and its 3 hours each for working 8 hours all day long

If the team are all working 8 hours per day, then, IMHO, they should be paid for 8 hours. I'm guessing that 3 hours pay, for the 8 hours they are doing is less than the minimum wage??

Sounds like the costings/estimating department has cxcked up.

 

[trev]

I dont think they have changed anything to be honest, just " your now on this new site ", " its price and you get payed 6 hours per house "

They cannot do that mate. CAB/lawyer time for your mate methinks.

 

[baldelectrician]

It doesn't matter what it says on his contract.
You can not change a contract just like that, and you can't pay less that minimum wage
I would suggest he turns up at the office (if he doesn't turn up atall then he is in breach of contract and doesn't have a leg to stand on), I suggest he states his greivance (backed up by a letter) and asks to initiate the companies greivance procedure with regard to the lack of pay
If they have trackers in the van they can tell when they started and finished.

 

[mogga]

its all back to the "Contract" is your mate PAYE or selfemployed or through an agency?

is the firm he works for a big one ie over 100 men or a small one with a MR big taking profits

If it were mke Id be turning up at the office n having a chat about whats happened n letting my feelings be known by going to the other site he could be deemed to have accepted TnCs of contract change ( all boggged down in the legal spiel )
the other thing is complain get told " theres the door " tribuneral chances are a BIG company will not want this BUT a smaller company will just "pheonix" fold n start up with mr Smith jnr as director next day