Can they legally reduce my salary?

welshman10

OK I have now received a letter from work saying that I am being re-assimilated on June 1st and my new salary will be 2k less.

Also because of this they say that I will now receive 3.5k pre-tax in arrears when I should have been getting more like double this before this re-assimilation business cropped up.

As I am off sick with a broken arm that also complicates it. If I refuse these new terms normally I would just not turn up for work citing breach of contract etc, but as I am off sick, do I need to say that if I was able to attend I would not be attending?

Does anyone that knows about the NHS Agenda for Change programme know of any clause or disclaimer where it says you can be re-assimilated? Particularly a year later!

welshman10

OK, if anyone is still interested...

Rang my HR dept to ascertain why they think it is legal. They told me I need to speak to the NHS Trust modernisation team.

Rang modernisation team and they said to ring my HR dept, but stated that they only followed internal guidelines to correct my salary. They also advised me to put a greivance in writing to work.

Rang Unison helpline to take advantage of the free legal advice for members. They told me to ring the branch secretary. Rang him and he gave me the number of the solicitor.

Rang the solicitor and they said they are going to make a complaint about the branch secretary, because he always tells people to ring the number, when he should be advising them of a form filling process. Told them I need proper advice before 1 June and they said he can do it over the phone, he just needs to liaise with the Employment team of the solicitor. I have left a message on the branch secretary's voice mail a couple hours ago now

Rang a few other solicitors and the employment law people were unavailable etc.

Starting to get fed up now, may just cut my losses and resign.

Jarvisma

Just caught up with the latest....

First off, don't give up, too many people end up so bamboozled by big companies and being passed from pillar to post and they don't end up getting either what is rightfully theirs or at least a fair hearing. Me included on two occasions.

A sceptic would say this is exactly what they want, if they continually pass you to another department no one actually has to take responsibility and those who are less confident will do exactly that, give up and bow out.

My advice would be to go back to your HR department. Irrespective of any special team set up to handle particular projects, they have a responsibility to you as an employee. Don't take no for an answer, explain that you spoke to the Trust Modernisation team and you were not satisfied with their response and you would like your HR department to give you some kind of explanation.

Then do exactly as your solicitor said and put your grievance in writing. Don;t underestimate the effect this could have. Until they get something in writing, you are just someone n the other end of the phone making alot of fuss, that they can deal with by fobbing you off (as you've discovered), but as soon as they have something in writing they can't ignore it and they will have to look into your situation.

You can do this while you're at home too, so you don't have to wait until you go back. I can't stress enough this is the most important thing to do, and the sooner you do it the better.

Keep your chin up, it will be worth it in the end!

welshman10

I managed to speak to a solicitor now. She said from what I have told her that I have a very good case for constructive dismissal and loss of earnings (due to turning down the external job offer).

She is sending me terms and conditions, as per law society regulations. She can't advise me properly until I agree to them.

I'm going to send in my grievance today. I asked the solicitor about attending work when 1st June comes around and she said as long as I have informed them in writing of my dissatisfaction of these terms, it shouldn't cause a problem.

welshman10

Just recieved her terms though, estimated £525 in costs.

welshman10

OK I sent that grievance in on 30th May and still haven't had anything back, except a n email response from my line manager saying he has been too busy to look at it. This is despite the internal policy stating line managers should resolve written grivances within 5 calendar days.

So on 15th June I have written a letter to my line managers boss stating that I feel it is not being taken seriously and reminding him that after 28 days of the original submission of the written grievance, I have a legal right to go straight to tribunal.

Personally, I am delighted they have't responded as they are just giving themselves more rope to hang themselves with in a constructive dismissal case.

There's some info on grievances here
http://www.tssa.org.uk/article-1.php3?id_article=2811

Jarvisma

Definitely, just hang on in there.

As you say, all they are doing is making things worse for themselves by not sticking to deadlines, tribunals are notoriously harsh on employers who fail to do this.

The majority of ET cases are won not only because it is fair or not, but simply because deadlines and guidlines weren't adhered to. If they don't do things completely to the letter it will all go in your favour.

Keep your chin up! x