Concerns were raised recently at the Schools Consultative Group by Support Staff Unions. Following a change in payroll provider, it was reported that a number of schools had made changes to the dates on which some support staff receive their monthly salary.
A change to the date on which an employer pays its employees will amount to a change to the terms of the employees' contract. This means that the change needs to be agreed with the employees concerned before it is implemented. An employer that proceeds to make such a change without agreement will be acting in breach of contract, a course of action which could lead to resignations followed by claims of constructive dismissal.
If a school wishes to change the date on which it pays employees, then the school will need to consult all affected employees (or their representatives) with a view to reaching agreement on both the change itself and the way in which it will be implemented. If, for example, due to the amount of notice given for the change in pay date, staff incur additional costs, (i.e. as a result of changing direct debit payments), it may be appropriate for the school, as a one-off arrangement, to agree to meet those costs.
Following consultation, if some or all of the employees involved still refuse to agree to the change, further advice should be sought from the schools HR provider.
Additional advice is available from ACAS: Varying-a-contract-of-employment-Acas-leaflet