PDA determined to 'take on' Boots at second premium pay tribunal
People The PDA is not afraid of "ruffling a few feathers", general secretary John Murphy (pictured) has claimed, ahead of the second employment tribunal next year over cuts to premium pay at Boots.
The Pharmacists' Defence Association (PDA) has reiterated its determination to "take on" Boots as a further 140 employees take the health and beauty giant to an employment tribunal next year.
The PDA was not concerned about "ruffling a few feathers" as it fights on behalf of Boots employees over reductions in their premium pay rates, it told C+D last week.
"We believe that our members have been treated unfairly and we are determined to see this through on their behalf," said PDA general secretary John Murphy.
"We believe that our members have been treated unfairly and we are determined to see this through on their behalf" John Murphy, PDA |
More on the premium pay dispute Boots employees face ‘some risk' in refusing premium pay cuts |
An employment tribunal ruled in April that Boots had acted unlawfully by cutting premium Sunday rates, as they were part of Boots employees' contractual payments and were not discretionary. Since then, a further 140 employees have challenged the rates cut and will be facing Boots at a hearing in the new year, the PDA revealed last month. |
The PDA expects Boots to argue that most of the claimants should be treated differently to those who were successful in April 2012 on the basis that they did not raise a grievance when the pay cuts were introduced originally.
But the PDA will argue that all claimants worked under sufferance, regardless of whether they originally raised a grievance.
Law firm Charles Russell said the employment tribunal would have to determine whether the claimants had been "working under protest" once the pay cuts had been implemented.
Charles Russell associate Ben Smith queried whether the employees had made it clear to Boots that they did not accept the change in terms, notwithstanding their decision to continue to work. "This does not have to be [by] way of a formal complaint or grievance. If the employees did not make this clear, there is a risk that the employees have impliedly agreed to the change by continuing to work under the terms," he told C+D.
A Boots spokesperson said the multiple "cannot comment on legal proceedings".
Do you think the Boots employees will win the tribunal? Comment below or email us at [email protected] You can also find C+D on Twitter, LinkedIn and Facebook |