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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hi, My employer offered me a promotion back in July 2013,

Resolved Question:

Hi,
My employer offered me a promotion back in July 2013, I was presented with a new contract. The new contract reduced my Annual Leave entitlement from 28 days per annum to 25 days per annum, when I challenged this I was informed that this was the company policy to bring all employees back down to 25 days per annum. I voiced my disagreement and was offered an additional pay increase to cover the cost of purchasing 3 days additional Leave through the flexible benefits scheme.
I still challenged this as the cost of 1 day is approx. 1/260 of your annual salary, obviously as my annual salary increases so will the cost to purchase a days annual leave. I was told to take it or leave it, so I took it.
I am interested to know where I stand legally, I feel I have ended up at a loss. Other colleagues of mine have managed to keep their additional days as they have moved around the business.
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for in total?

Customer:

I started working here as a secondee in 2006, the main employer changed in 2008 due to sell and I was tupee across but remained a secondee in the same organization. I am in my 6th role here and my terms and conditions never changed (other than salary increase) until July last year.

Customer:

Thanks Jenny

taratill :

Ok so the reduction in annual leave was to bring you in line with other employees who have not transferred?

Customer:

No, it was to bring me in line with other employees across the business (apparently) however, there are still a large number who have not had changes made to their contracts. I was told this was being done as and when their circumstances changes but there is a lady who came to work here in July and she never had here contract changed to reflect her new role.

taratill :

The main difficulty you have from a legal point of view is the length of time that has elapsed since you entered the new contract. As you have now worked under the new terms for more than a year you are legally deemed to have accepted the new contract.

taratill :

If you believe that your overall package is less favourable than others though you are entitled to raise a grievance on that basis.

taratill :

You should point out that you felt forced to accept the new terms and that it is clear that others have not been and that you believe that this amounts to a breach of trust and confidence.

taratill :

The problem is that if the employer does not uphold your grievance there is little else you can do. This is because contracts and benefits under them are subject to individual negotiation so long as they do not breach the right to holiday under the Working Time Regulations and do not discriminate against you on the grounds of your gender or for another reason contrary to the Equality Act 2010.

taratill :

I am sorry that this is not the answer you were hoping to receive.

taratill :

If you have any further questions please do ask.

taratill :

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

I have been trying to contact HR ref this via one of my Directors for over 6 months now to discuss this.

Customer:

I have copies of the original email from HR too if I can send this to you?

taratill :

Hi I don't think that i need to see the emails, the fact that you have been trying to sort this out over a period of 6 months supports your argument that there is a breach of trust and confidence. In order to say you do not accept contractual terms you must do so almost immediately so the fact that you tried to discuss this 6 months (or more) ago will not give you an additional claim I'm afraid.

Customer:

ok thanks

taratill :

No problem, you really should complain though. It is disgraceful that a grievance has not been heard this long after an initial complaint.

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