A recent UK employment tribunal case has highlighted an important reminder for employers: if you promise an employee particular hours and pay, you need to make sure your day-to-day employment practices match the contract.
The case involved a care worker who had been sponsored to work in the UK. His contract stated that he would work at least 45 hours a week, with an annual salary of £25,600.
Instead, his hours were regularly reduced. At one point, he was working just 10 or 11 hours a week.
The tribunal awarded him £28,123, including more than £21,000 in unpaid wages and £4,400 in holiday pay.
What went wrong?
The employer argued that the employee had agreed to work fewer hours.
However, the tribunal did not accept this explanation. It found that documents relied upon by the employer were unreliable and that a number of documents appeared to have been fabricated.
The tribunal also found that the employee had not received the hours and salary set out in his employment and sponsorship documents.
The case is a useful reminder that what is written in a contract matters — but so does what happens in practice.
What if there isn't enough work?
This is something many SMEs can face.
A client contract ends. Demand falls. A particular service becomes quieter.
But a lack of available work does not automatically mean an employer can reduce an employee’s contractual hours or pay.
If an employer wants to change contractual terms, it should properly discuss the proposed change with the employee and make sure any agreed changes are clearly documented. ACAS recommends consulting employees when considering changes to employment contracts.
Simply putting fewer hours on the next rota is not the same as properly changing an employment contract.
Sponsored workers have additional considerations
Employers sponsoring workers also have specific responsibilities under the UK’s immigration system.
The Home Office expects sponsors to meet their sponsorship duties, keep appropriate records and comply with UK employment law. Sponsors must also meet the relevant requirements around salary and working conditions.
That means employers should not look at sponsorship separately from their normal HR processes.
Your contract, rota, timesheets and payroll should all tell the same story.
things employers should check
If you employ sponsored workers, it is worth reviewing:
1. Contracts
Do the contracted hours and salary match what the employee is actually receiving?
2. Rotas and timesheets
Do your records accurately show the hours offered and worked?
3. Payroll
Are employees being paid correctly according to their contractual terms?
4. Changes to terms
If hours or pay have changed, was this properly discussed and documented?
Good HR records are not just paperwork for the sake of paperwork. They can become important evidence if an employment relationship later breaks down.
The bigger lesson for employers
This case is about more than sponsorship.
It shows why employers need to make sure their contracts, payroll, rotas and HR records reflect what is actually happening in the workplace.
If you have promised particular hours and pay, make sure you understand your obligations before changing them.
And if circumstances change, deal with those changes properly rather than trying to fix the paperwork afterwards.
