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Breach of contract & Secret Monitoring

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  • Breach of contract & Secret Monitoring

    In June 2008 I started work with an ELECTRICAL CONTRACTOR company. The Company is A JIB (Joint Industries Board) member.
    I am not an Electrician, but a CAD operative, with a bit of IT thrown in. I have never received a written contract, as many of the electricians, labourers and apprentices didn't, as their terms of employment are governed by the JIB rules. I never questioned the lack of written contract as I assumed the same rules applied to me also.

    As part of my package I was told I would be paid at the rate of an electrician. (there is apparently ambiguity in this statement, My contract is Verbal)

    I am hourly paid as are the electricians. I do not receive sick pay or enhanced annual leave as the staff do. I am however Office based in an office of 9; 5 of which are directors 3 of which are staff 1 on maternity, and 1 of which is me.

    For each year, the JIB rate increase for electricians was applied to my wages until the 2014 increase. where it appears I have stayed on the previous years rate. in 2015 I received an increase to the electricians 2014 rate. 2016 no increase, 2017 no increase, so effectively I am now being paid substantially less than an electrician.

    There was also another issue in that another member of staff (who is a director of their holding company and also does some of the CAD work I do) was monitoring my computer activity with software he secretly installed, I was not informed I was being monitored and there was no policy in-place for IT usage and limitations. this was intrusive software which sent screenshots of all activity to his email address. The software also stored all these screenshots on an online dashboard type front end for the application with a company in the USA (activetrak)

    I raised these issues in writing on 10/02/17 with the company directors suggesting that they A) were in breach of contract by not increasing my pay to maintain the "rate of an electrician" and B) has broken the law by monitoring my activity on the computer.

    This led to a meeting on 20/03/0217 Monday which was indicated to me as an informal meeting to discuss my points and try to resolve the issues I had raised.

    The meeting went something like this. (1.5 hours)
    Me - My contract says I will be paid at the rate of an electrician (sorry getting repetitive now )
    Them - but you don't have a contract
    Me - Yes I do, Its a verbal contract as agreed with the previous office manager with the authorisation of the previous MD.
    Them - Whats a verbal contract? anyway, Your not a JIB Electrician so not entitle to the rate increase. Your on a good rate for what you do.
    Me - Insignificant! I have a contract which the company have demonstrated from 2008 to 2014, this only started happening since you lot took over
    Them - we'll look into it ( the result being the old MD said that the electricians rate was a starting point rate)

    Me - You broke the law. you secretly monitored my activity, somebody should be held to account for the distress and trauma I have suffered as a result of his actions. He is obviously trying to get me sacked (I have seen emails which refer to me as an unnecessary cost)
    Them - Oh yes, we were having problems with the internet, the software was installed on all computers to monitor traffic. In no way was it intended to catch anybody out we just needed to sort out the bad internet.

    Me - I'm you IT administrator, I was already running tools to monitor traffic at you request. the software installed by others was not a traffic monitor but an activity monitor. Why wasn't I informed and if you wanted further monitoring doing, why didn't you ask me ask your IT man?
    Them - *Shrugs shoulders* long pause, Female director (shoulders back, Chest out) - I authorised it, I had to sort out the internet because I couldn't pay the wages and stuff because the internet wasn't working because sage said there was to much traffic and you weren't fixing it! (i know it wasn't her idea and that she had reservations of the suggestions of the fella upstairs, I also have evidence of this)

    Me - ********, I've told you a hundred times that the internet problems are external, Our lines to the building are bad, that's why our internet is bad
    Them - Honestly, there was no intention in his actions to incriminate anybody
    Me - Fine lets move forward, But I don't accept your explanation, and what has happened has caused me a lot of unrest over the last few months.

    The meeting finished with a positive feel, in that we would work towards a written contract, give me more responsibility in respect of the IT and purchasing for IT, maybe some training in h&S and other activities within the company.

    on the 24/02/17 I have received written retrospective contract from 1/6/2008 with the current pay rate indicated of the increase in 2015 which i haven't signed yet.

    And that's why I'm here. should I pursue the tribunal route to have my terms of original contract re-instated and recover the money they haven't paid me, also have somebody reprimanded for the actions of the illegal monitoring

    Sober to Amaretto

    Mike
    Tags: None

  • #2
    Re: Breach of contract & Secret Monitoring

    Sounds like a company I once did some work for. Yes I installed monitoring 'cause one person was suspected of spending all day browsing the internet instead of actually working. She was indeed spending more time on the internet than working and resigned when confronted.

    I wouldn't take offence at the monitoring. I would be more concerned with the lack of sick pay and the lack of holiday pay, or as you say enhanced. If this is the company norm then I would be looking elsewhere.

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