Another Paycut being forced on me - Help

J

joelou

Guest
My boss has just thrown into conversation real casual like that he needs me to take a paycut. When I asked how much he says down to 8.50p/h! Now I know this is under the minimum wage and that legally he cannot ask me to work below that but to be honest another 15cent is not really going to make a whole lot of difference to me.
Six months ago he made me take a paycut of 84euro less into my hand a week and now he wants me to work for below the minimum wage, he said the business is in dire straits and that he has to do it. There in only me and him on the payroll and to date he has taken no cuts. He told me as before it is not up for discussion and it is with effect from tomorrow! I have worked here for 7 years and run the office acounts/vat/wages/admin/phones/secretarial etc.
He will not lessen my hours I work 40 hours per week he says he needs me here for my full 40hours. He will not budge on anything.
I was already struggling to make ends meet and have just missed my second mortgage payment. DH's job is only 24hours per week and we are still waiting to get money (with backpay) from the dole for the other 2days.
I have two young kids who are costing me 208euro a week in childcare and various other loans. I just dont know what to do I'm so upset. I rang citizens advice and they told me all legal stuff and in a round about way said stress can make you ill and you would be entitled to illness benefit and if the business went to the wall I would still be entitled to redundancy up to 26weeks sick certs.
I'm sorry to be posting here but it gets the most traffic and I know there are others here in equally hard times but I really need some advice.
 
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Hi Joelou,

My sympathies to you on this, what a stressful time!

As far as I know, an employer cannot just 'enforce' a paycut on you like that - as it is a change in your terms & conditions of employment then he has to get your signed agreement.

Do you have a contract of employment?
 
Oh god you really are in a mess here. Ok you have been with this guy for 7 years now and im guesing that loyality and symphaty are taking over a lot of your decisions. You have to be practical about this. You know the business better than anyone so you can honestly see weather or not business is as bad as he says and seeing as you aer the only one on the payroll can he afford you or not. Do not work for under the minimum wage!!! The pay you are on now is extremly less than what I would have thought after 7 years service. My gut feeling is that you have no written contract with your employer seeing as you are his only employee. The fact that he is giving you a no choice says to me that he is starting to bully you. You could resign and have a great case for constructive dismissal. He knows that your the main earner in the house and probably thinks that he has the upper hand there and is probably assuming that you will not leave! For your financial situation you should consider going to your community welfare officer for help until the money comes through. perhaps also talk to your bank. I hope things get better for you.
 
Thats an appalling way for your boss to deal with everything. Things are tough for so many, but you seem to imply he has not taken any hit what so ever. Yet he expects you to take all the hit.

I know of employers who have not taken wages for several months in order to try to keep on their staff.

You need to consdier several sides before you decide how to proceed:
- is business really down? By how much? If he is self employed, the work load may not actually decrease but getting the money in may be harder.
- Do you think there is any chance he is trying to force you out & quit, rather than have to consider redundancy?
- Will he need to replace you if you go? If so, he will have to pay your replacement min wage and factor in the time it will take him to get them up to speed
- could you look at trying to do you job over 4 days at a renegotiated wage & not send the kids to creche on that day to save some money
- Do you know for a fact he has not taken any reduction in wages? Not that there is anything you can do with it, it's just good to know the calibre of the person you work for!!
- if you do think he may be trying to force you out, keep a record of everything as you may need the details for constructive dismissal
 
Hi all thanks for your replies. To answer some of your questions I have no contract, he point blank refuses to cut my hours, I know for a fact he has not taken any paycut, things are that bad, he is a pretty clueless businessman and has only lasted in this business in my opinions by his contacts. He is a bully and knows I am a naturally weak person.
Before when I took the last paycut I done it out of empathy and wanting to keep my job as Missey said and truely believed he needed me here to keep the administrative/accounts side of things going as he is complety clueless about EVERYTHING! I mean in the grand scheme of things how is he truely going to save a failing business by cutting my wages, surely that is not going to have any impact on the current situation.
So its making me think would he maybe be trying to bully me out of my job so as not to have to pay me redundancy? Again as weak as I am I will not let him do that but would that be a factor for him do you think?
He totally understands my situation at home and knows I am the main earner and probably thinks I will lie down and take whatever he throws at me. And I know my personal life is not his problem but how can he possibly expect me to take that kind of paycut and still pay the same for my childcare as he wont lessen my hours.
I really dont know what I am going to do. I am going to ring NERA this morning and see what they advise but I truely think he has me right where he wants me.....:(
 
Honestly You dhould get out of there and consider unfair dismissals. the court would have a field day on him with no contract etc....he might even pay you off before it goes to court in order to save his name...and then you dont get your business dragged through the courts...I would cut my losses at this stage if i were you. you will manage financially and have your dignity back.
 
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