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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46178
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I took on extra work this time last year with a small

Resolved Question:

Hi,

I took on extra work this time last year with a small pay rise, with the understanding that the company was hiring an additional person to assist with the work load.

The assistant never came so I asked for a pay rise to compensate for the extra work I still having to do outside work hours to get the job done.

My employer has offered me over time at my normal rate and asked to extend my notice period to 6 weeks, but no pay rise.

can i refuse the offer?

ash
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me how long you have worked there.

Customer:

9 years

Ben Jones :

OK thank you, XXXXX XXXXX it with me. I need to look up a few things and then get my advice ready. I will post back on here when done. There is no need to wait and you will receive an email when I have responded.

Ben Jones :

If you refuse the offer would you simply want to remain to work under the terms you are currently working?

Customer:

To be honest I would like a pay rise as I have three times the amount of work as the other person in the office but get paid two Hundred and fifty pounds less and she is on part time hours

Ben Jones :

You have every right to refuse the current offer as it stands as it is just an offer by the employer and your consent would be needed to implement it. If you are u happy with it you may refuse to accept it and either try to negotiate an improved offer or ask to remain on the terms you are currently working under.


 


Of course you also have the right to negotiate over the original offer that was made to you a year ago when you too this job and the increased workload. If you have any evidence to support what your employer had promised you then you can use that as a negotiating tool or if it was all verbal then you can discuss it with the person(s) that made the promise.


 


Strictly speaking you may even consider making a formal complaint about this , such as through the formal grievance procedure at work because you were promised something that did not materialise and no plausible explanation has been given by the employer as to why the promise never materialised.

Customer:

thank you

Customer:

Can they terminate my employment or say i sign it or don't have a job? would this be then ending the contract or redundancy?

Ben Jones :

You are protected against unfair dismissal so they can't just terminate your employment without showing there was a potentially fair reason for dismissal and by following a fair procedure. Redundancy is a potentially fair reason but this is not a redundancy situation. The only other options are misconduct, capability or some other substantial reason but in the circumstances it is unlikely that any would apply

Customer:

thank you. I am not seeing the benefit to me in taking 6 weeks notice period.

Ben Jones :

what is your current notice period, required by both sides?

Customer:

4 weeks

Ben Jones :

Well that is partially illegal because under law if your employer had to give you notice of dismissal they must now give you 9 weeks because you get a week for every full year of service and that is a legal requirement. If they wanted to increase the notice you had to give them it just means you will have to work for them for an extra 2 weeks if you wanted t leave and that may be restricting if you had a new job to start and they could not wait for the full 6 weeks

Customer:

Thank you i didn't know that, so basically I get two extra days holiday for giving them 6 weeks.

Ben Jones :

well you would be required to stay on for an additional 2 weeks and be paid for that time, but as mentioned if you wanted to leave early, for example to start new job, it could be an issue

Ben Jones :

I am just due in a meeting in a few minutes, please let me know if you need me to clarify anything else before I go, or I can continue this later on if needed? Thanks

Customer:

Can i just clarify that this is UK law?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46178
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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