Can they legally reduce my salary?

ohreally

Graham_Devon wrote: »

But then, I also don't think that it's fair that if you and your colleague are doing the same job, one get's one tier and the other get's another.

This is why job descriptions must accuralely reflect your role. Many managers stick an A4 bit of paper under an employees nose and tell them to sign off their job description....the JD turns out to be at recruitment level and has little relevance in terms of years of progression and experience within post, which can result in two people doing similar jobs being matched differently.

welshman10

ohreally wrote: »

You will have been matched to a national profile and this process has mechanisms in place to ensure the integrity is maintained.
If a mistake was suspected they would have had the result consistency checked so don't get too concerned.
Which trade union do you belong to?

UNISON - see above.

I know that my actual banding is correct, the issue is over where I have been placed within that banding. I was placed around the middle of the band and my colleague was at the bottom.

ohreally

welshman10 wrote: »

UNISON - see above.

I know that my actual banding is correct, the issue is over where I have been placed within that banding. I was placed around the middle of the band and my colleague was at the bottom.

Contact the branch office and raise your concerns with the branch secretary.

welshman10

OK I have had the news today. They are not going to make me pay any money back, but they insist they are reducing my salary.

I've had enough of the place and I am up for fighting this all the way.

As far as I am concerned, I was given, in writing, updated terms of contract. These new terms also carried a condition of having 3 months to appeal. While I was not required to sign a new contract with these new terms, the fact I did not appeal against them constitutes my acceptance of the new terms. I have studied a bit of contract law and this amounts to basic offer and acceptance. For them to now pay me at a lower rate is a breach of the contract terms.

In addition, the fact they are doing this a whole year later is not within the bounds of reasonableness. As any people clued up in law will know, a reasonableness test is applied in many situtations. I have entered into contracts and lifestyle changes that I would not otherwise have done. For all they know, I could have taken out a mortgage based on the higher salary.

I also rejected a new job at the time I received this new offer, so would be within my rights, I feel, to sue for loss of earnings.

Maybe they are just trying it on to see if I accept the new reduced terms, but I am determined not to let them get away with it.

jobbingmusician

Fight it all the way

Get the Union on to it.

What I think will happen is that they will back down and freeze your salary, so that you don't get any increments or inflationary rises until you are back in line with what they think you should be earning. Personally i would be tempted to settle for this, but you will want to check with the Union if they offer this option to see if they can do even this

welshman10

Cheers. I have emailed my union rep 3 times but have only had one response so far to my first email, which was not very helpful (makes me wonder why I pay my £12 per month subscription!).

If they do freeze my salary as you suggest, which I also thought they might do as a compromise, I will accept that, as I don't intend sticking around too long anyway. For me, it becomes as much a matter of principle as anything else.

Jarvisma

Hi Welshman,

I have PM'd you with a more detail message, but basically if they go ahead and change your contract without your prior agreement, you would be in a position to cease working and have a very good case for constructive dismissal.

It is important that you cease working though, as if you continued to carry on and work under the altered contract you would be giving implied agreement to the alteration.

Sometimes simply informing them that if they do unilaterally amend the terms of your contract, this is what you will do, will be enough for them to back down and accept that they will have to keep the existing contract.

If the union rep is no use, give ACAS a call 08457 474747 and if nothing else they will be able to confirm your position and advise you of what steps to take next.

Good luck!

welshman10

Cheers for that info. The ceasing working thing is very interesting indeed!!

I have already rang ACAS and they told me to raise a grievance and if it cannot be resolved amicably to go to an employment tribunal.

Jarvisma

Your best bet is to start the internal grievance procedure straight away. State in writing that you are not willing to agree to any ammendment to your contract in respect of this situation. They will then have a responsibility to investigate your objection and cannot make any alterations until the matter is resolved.

It will also go much more in your favour at an ET if you have exhausted the internal grievance procedure before having no alternative but to cease work and go for CD.

welshman10

I didn't find the guy at ACAS very helpful. I was trying to provide him with specifics and he just kept repeating "raise a grievance and if that does not sort it then go to employment tribunal". Maybe it was just one guy I was unlucky to call at the time.

I have replied to your PM, Jarvisma.