Protected earnings

BIGEYE

Here's the scenario. Employee has been doing shift work for the last 7+ years. He earns a basic salary plus shift allowance. However, that shift job is coming to an end. There is the possibility that a new role becomes available on days, but is at a substantially reduced salary. Is the employee entitled to protected earnings for 2 years? That is maintaining his old salary in the new role for 2 years. Also, does the same apply to his shift allowance?

oh_really

He may be entitled to some form of pay protection however it will come down to terms of service.  If he does qualify for protection it may come with unintended consequenses, since the employer is paying anyway they may attempt to bring him into work on his rest days with no additional pay.

Union?

Is there a final salary pension involved?

Need more information

BIGEYE

Yes, final salary pension is involved.

oh_really

Is union involved and is he a member as this situation has potential to have serious far reaching consequences?

Xbigman

If you work nights and receive a basic salary plus enhanced nights pay (same applies to weekend working enhanced pay) then when you no longer work the shifts that attract the higher rates its very rare to have any rights to continue receiving the enhanced pay you no longer qualify for. Certainly not for two years. 
You need to find out if the reduction in salary is just the loss of the enhanced rates or if its a reduction in the basic salary too. If it is a reduction in basic too then refusing it as not being a suitable alternative job might be possible, but you are now in the realms of redundancy, a conversation it might not be advisable to start.


Darren

BIGEYE

This pretty much answers my question.

Dox

BIGEYE said:

Yes, final salary pension is involved.

Then you need to check with the scheme's administrators how your 'Final Pensionable Salary' is defined.