Advice need regarding employer

*Stevo*

Hi All

Hope i can get a little advice on somthing

So the background

A couple of years ago i changed departments within the cmpany i work for. At the tie i asked if i could keep the same salary as the new role for a new starter was on lower money. While waiting for a reply i recieved a new letter regarding my new role and ths showed the lower rate. I spoke to the person who was to be my manager and was told that they would sort it. A few days later i recieved another letter with the start date and details of my new role and showing the same salary i was on (higher rate). Before the letter was recived i was told that i could not keep the same salery however when the letter arraived i assumed that i could.

So now a couple of years on and it looks like i am being investgated as my salary amount has been raised to a higher manger than the one i started the role with.

My question is, should i be concered? I still have both letters that i recieved when changing roles.

Thanks

Stevo

Prothet_of_Doom

A dated letter trumps a verbal discussion which was earlier. So they can not demand it back. You tell them that at the time, you can't imagine you would have accepted a move at a lower salary.


If they want to reduce your salary, you have the option of claiming it is a change to your T&C's (especially after 2 ? years) and you therefore have the right to take paid redundancy.


In my arrogant world, I'd go into any meeting saying "I'm glad you've bought up the subject of my salary, because I'm not happy, earning so little, and I'm expecting a 20% payrise would be reasonable" Basically go in with 10 reasons why you are worth more, and they are going to have to work hard to justify why you are worth less.


In my arrogant world, I've had a few job moves where I've had to follow through my threats to leave if they don't pay me more.

*Stevo*

Prothet_of_Doom wrote: »

A dated letter trumps a verbal discussion which was earlier. So they can not demand it back. You tell them that at the time, you can't imagine you would have accepted a move at a lower salary.


If they want to reduce your salary, you have the option of claiming it is a change to your T&C's (especially after 2 ? years) and you therefore have the right to take paid redundancy.


In my arrogant world, I'd go into any meeting saying "I'm glad you've bought up the subject of my salary, because I'm not happy, earning so little, and I'm expecting a 20% payrise would be reasonable" Basically go in with 10 reasons why you are worth more, and they are going to have to work hard to justify why you are worth less.


In my arrogant world, I've had a few job moves where I've had to follow through my threats to leave if they don't pay me more.

Thanks for the quick reply, I thought the same but am a little worried as its not as easy to get into a new job at the moment. Just glad i kept the letter.

Steve

Takeaway_Addict

Prothet_of_Doom wrote: »

A dated letter trumps a verbal discussion which was earlier. So they can not demand it back. You tell them that at the time, you can't imagine you would have accepted a move at a lower salary.


If they want to reduce your salary, you have the option of claiming it is a change to your T&C's (especially after 2 ? years) and you therefore have the right to take paid redundancy.


In my arrogant world, I'd go into any meeting saying "I'm glad you've bought up the subject of my salary, because I'm not happy, earning so little, and I'm expecting a 20% payrise would be reasonable" Basically go in with 10 reasons why you are worth more, and they are going to have to work hard to justify why you are worth less.


In my arrogant world, I've had a few job moves where I've had to follow through my threats to leave if they don't pay me more.

The bold is wrong. There is no right to a redundancy in this situation as the job hasn't change, the remuneration might.

If you don't agree with the change of the T&C's you are effectively getting sacked and hired on new terms and then you will have to go to a tribunal to see whether it was fair or not.

*Stevo*

Takeaway_Addict wrote: »

The bold is wrong. There is no right to a redundancy in this situation as the job hasn't change, the remuneration might.

If you don't agree with the change of the T&C's you are effectively getting sacked and hired on new terms and then you will have to go to a tribunal to see whether it was fair or not.

Again thanks for the reply,

The letter i have says that the terms and conditions of my contract have not been changed.

In all honest my main concern is weather in soe way i could be sacked for what is hapening or the money paid be claimed back. I am not in a position to pay money back and would rather not loose my Job over what i feel is an issue within the HR department.

Takeaway_Addict

*Stevo* wrote: »

Again thanks for the reply,

The letter i have says that the terms and conditions of my contract have not been changed.

In all honest my main concern is weather in soe way i could be sacked for what is hapening or the money paid be claimed back. I am not in a position to pay money back and would rather not loose my Job over what i feel is an issue within the HR department.

If you have the letter I would be very surprised if they do anything about the past, I would be more worried if they look to reduce your wage but again if you have the letter I would hope not.

Apart from changing the terms and you disagreeing and them sacking you and rehiring you straight away on the new terms I see nothing for why they would sack you. I know its easy to say but try not to worry, show your evidence and wait it out.

Undervalued

Prothet_of_Doom wrote: »

If they want to reduce your salary, you have the option of claiming it is a change to your T&C's (especially after 2 ? years) and you therefore have the right to take paid redundancy.

No!

Sorry but this is completely wrong. You never have a "right" to redundancy. It is a post and not a person that becomes redundant. If your post is genuinely redundant and you have been employed for at least two years you have a right to the minimum redundancy pay laid down by law. Which is not a lot!

If an employer wants to change your terms and conditions (which may include a reduction in salary) then your options are......

Accept it.

Attempt to Negotiate.

Resign and claim unfair dismissal (assuming you have at least two years service). Despite resigning it would not be constructive dismissal under these circumstances.

It would then be for a tribunal to decide whether the change was reasonable or not in the circumstances. If you win you will get some compensation but you will still be without a job. Whilst in theory a tribunal can order re-instatement this rarely happens as the penalty, if the employer refuses, is only a relatively small amount of additional compensation. So, you would still be without a job.

People are frequently surprised by how big a change can be held to be reasonable. Also, depending on the circumstances, a significant reduction in salary can also be reasonable. Remember it is generally fairly easy for an employer to argue that it was essential for business reasons to cut costs and the alternative was compulsory redundancy. A tribunal is not empowered to judge the soundness of that business decision.

*Stevo*

Undervalued wrote: »

No!

Sorry but this is completely wrong. You never have a "right" to redundancy. It is a post and not a person that becomes redundant. If your post is genuinely redundant and you have been employed for at least two years you have a right to the minimum redundancy pay laid down by law. Which is not a lot!

If an employer wants to change your terms and conditions (which may include a reduction in salary) then your options are......

Accept it.

Attempt to Negotiate.

Resign and claim unfair dismissal (assuming you have at least two years service). Despite resigning it would not be constructive dismissal under these circumstances.

It would then be for a tribunal to decide whether the change was reasonable or not in the circumstances. If you win you will get some compensation but you will still be without a job. Whilst in theory a tribunal can order re-instatement this rarely happens as the penalty, if the employer refuses, is only a relatively small amount of additional compensation. So, you would still be without a job.

People are frequently surprised by how big a change can be held to be reasonable. Also, depending on the circumstances, a significant reduction in salary can also be reasonable. Remember it is generally fairly easy for an employer to argue that it was essential for business reasons to cut costs and the alternative was compulsory redundancy. A tribunal is not empowered to judge the soundness of that business decision.

Thanks for the reply,

the letter i recieved regarding my salary states that the terms of my contract remain the same. As i have said my concern is more around if i can loose my job simply because on one hand i was told one wage and then i recieved a letter saying another.

Regards

Eskymo13

Hey guys!

I wanted some advice, I am an aesthetic therapist working in London carrying out laser hair removal treatments and these treatments are usually booked in back to back. My rota has recently been changed for July without any notice given to me. I am contracted to work 40 ours per week as a full time member of staff, and it is a mix of 8, 9 and 13 hour shifts. The rota has been changed so that I have 2 13 hour shifts each week, and there is also one occasion where I am to work 8am-9pm then the following day 8am - 7pm.
1) is my manager allowed to change this shift pattern without telling me?
2) am I working too much as I also have a spinal disability which means I get tired and achey and often require breaks in between individual clients which I never get.

My total hours for July will be 163 hours, is this too much?

Please reply ASAP

Thank you

mountainofdebt

Eskymo13 wrote: »

Hey guys!

I wanted some advice, I am an aesthetic therapist working in London carrying out laser hair removal treatments and these treatments are usually booked in back to back. My rota has recently been changed for July without any notice given to me. I am contracted to work 40 ours per week as a full time member of staff, and it is a mix of 8, 9 and 13 hour shifts. The rota has been changed so that I have 2 13 hour shifts each week, and there is also one occasion where I am to work 8am-9pm then the following day 8am - 7pm.
1) is my manager allowed to change this shift pattern without telling me?
2) am I working too much as I also have a spinal disability which means I get tired and achey and often require breaks in between individual clients which I never get.

My total hours for July will be 163 hours, is this too much?

Please reply ASAP

Thank you

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