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Change in T&C's - how do I assert my rights

k3lvc
k3lvc Posts: 4,174 Forumite
Part of the Furniture 1,000 Posts Name Dropper
A complex situation which I’ll try to make simple without becoming identifiable

I work in a relatively senior position for a small global subsidiary of a large multinational – I have a UK contract and am paid into a UK bank in GBP although my line manager works in another market

For many years I worked in a position based in the UK attracting a % bonus on achievement of objectives with potential for a higher % bonus for significantly exceeding them – over the years I averaged mid way between the two

In late 2000’s I took a strategic role in European Head office and as part of that accepted a drop in bonus to to a lower % in exchange for increased funding of home travel whilst I was based there. During this period my salary increased slowly but took me to the top of the UK salary scale.

In order to increase potential earnings I agreed to a move back to the UK with a reversion to old T&C’s i.e. higher % bonus from mid last year.

Bonus was due to be paid in March and mine was paid for full year based on lower % rather than 6 months lower %/6 months higher %. Despite contract signed by my line manager showing 20% UK HR now refuse to pay on that basis saying UK ‘norm’ is even lower than my lower %

My first written challenge to them has resulted in a ‘non negotiable’ final offer of a a small salary increase backdated to mid 2013 with no inflationary increase for 2014 - this iffer does not even cover the loss I'll make from 2013. Not surprisingly my plan is to reject this butdon’t know, other than taking legal advice, what my options are.

My expectation is higher backdated to mid 2013 (lower than the absolute gap as I understand I’ll benefit from car allowance/pension contributions) plus the 2014 inflationary increase from April 2014
Given the relative seniority of my role but lack of option for a union how do I go about challenging the offer and succeeding ?

Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    You can join a union.

    HR work FOR the company and should do what they are told by the employers and the contracts.

    Negotiate through the line of command(not HR), go up the tree till one of the bosses tells HR what to do.

    If this offer is a result of that process or fails, then look at the grievance process before legal action but this will most likely end up with your career with this company coming to a halt/end.

    What you might be getting into is a positioning fight so you need to know the pecking order, who has the real power to make things happen and where you fit into that pecking order.

    If the company is happy to change the way they motivate their staff to meet and exceed their objectives is up to them but if you re not happy with that then you need to decide if you want to point out that this change may result in a lack of incentive for you, or point out that the remuneration package for your role is no longer sufficient...

    Ultimately if not happy with the way this is being handled, take what you can, continue negotiating and move on if you don't fined resolution/opportunities within the company.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thanks GM4L - given my negotiation background (it's what the company pays me to do) it's galling when I end up with a HR person giving it 'this isn't negotiable'

    Had the discussion with line manager this am and laid cards on the table re my expectations - now a waiting game for a few days
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