Originally Posted by
Litebulbs
Midman,
Just imagine this conversation in court!
Most, but not all reasons for payments outside of basic pay, are because you have done something extra. The argument here would be that an establishment figure has been set for a place of work.
As it stood, if that establishment figure had been varied, then a compensatory payment would be made. There is nothing to stop a business varying establishment figures, but because you have a procedure to compensate for this and that is pay and as pay is a basic negotiated term, then it is a contractual position.
My learned response would be:
The one-down payment is made in the event that less than the established complement operates on the day.
The established complement is changed permanently for business reasons by the company.
The new complement does not attract the payment as it is not below the established complement.
The payment is now made at the established figure -1 complement.