Here’s the usual Tuesday selection of questions and answers. Please feel free to email me with your questions and I will try and answer them time permitting!
Union pay negotiation
Q. I work for a company that is under a union contract . We ratified our new contract about a year of deliberation, in April , and we have yet to receive any retroactive pay, or any of our recent Union raises, might I add, I requested a pay raised prior to the Union raise in February and received a response back that “we’re negotiating the contract and we can discuss the matter after the contract is ratified”
I’ve contacted my Union twice and both times were told they were going to get back to me and nothing yet. We in the middle of July almost - Is this breach of contract?
A. This is not a breach of contract with your employer as they are not contractually bound to give you a pay rise unless there is a specific term in your statement of terms and conditions of employment. It sounds as though your union are in the process of negotiating a pay rise, but that is an issue between you and the union (and may in itself be a breach of contract) if they don't deliver. If they have negotiated and settled on an increase I suggest you write to them and your employer asking when the increase will be implemented.
You could also consider raising an official written grievance to your employer asking when any agreement with your union will be ratified, if at all.
Agency work
Q. I've been working for an agency as a cleaner for a local supermarket, I was on holiday from 4th July until 7th July this week, I had a message from the agency telling me that the cleaning manager no longer needs the agency or me to work anymore, the cleaning manager also told the agency she had spoken to me, which she hadn't, I was also told that the cleaning manager has been telling everyone that I just left, even though she knew I was on holiday and I was expecting to return to work next Monday. Is there anything I can do about this?
A. It depends on what is set out in your agency agreement or contract. As an agency worker you are not employed by the supermarket and as such you do not have the same rights to claim unfair dismissal as permanent employees, although after 12 weeks on the same assignment you are entitled to the same rights in respect of pay, holiday, rest breaks etc as the hirer’s employees. ACAS has a useful page on agency workers rights here.
Unfortunately, as an agency worker there is little, if anything, you can do if the supermarket dispenses with yours or the agency’s services.
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