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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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During my two years as team leader my salary has increased

Resolved Question:

During my two years as team leader my salary has increased by £5500 in total (including £2000 after promotion to team leader).
During that time the company introduced a capped salary for my new role, which is £5000 lower than my current salary.
Can the company legally take those previous pay rises as well as the money for team leader promotion off my current salary?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

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

Customer:

Hi, I have worked for the company for 7 years. 2 years ago I was promoted to the team leader position.

taratill :

Is your employer proposing to cut your salary?

Customer:

They are checking the possibility of this with the headquarter in the USA.

taratill :

HI they are not entitled to unilaterally vary your contract in this way. They could attempt to give notice of a change in terms and conditions to reduce your salary but you have the right to say that a reduction is unreasonable in the cirumstances and you do not accept the new terms.

taratill :

Ultimately if they deduct without notice you will be able to bring a claim of unlawful deduction from salary. If they give notice of a change in terms and conditions then if you do not agree with them you could bring an unfair dismissal claim.

taratill :

It is more common for an employer to ringfence a salary in these circumstances and to say that no further payrises will be awarded until you are within the correct capped salary.

Customer:

Ok, many thanks. I had already thought that they would need to cancel my old contract and offer a new one for the new position. Just the salary detail was of course an unknown detail.

taratill :

If you have any further questions please do ask. 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:

Many thanks for your help. The rating will follow now. :)

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