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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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I have been recieving an honorarium of £300 per month additional

Customer Question

I have been recieving an honorarium of £300 per month additional salary for additional duties undertaken since October 2011. This honorarium has been considered and extended regularly over that period, each time acompanied by a letter saying it is for additional duties, and stating a date on which it would end; on each occassion it was then extended for a further period.
Do I have any employment rights on this additional salary?
Specifically, within our organisation when staff are redeployed due to staff structure changes redeployment is based upon salary - for these purposes should my organisation consider the honorarium to be part of my salary, as that would impact on which jobs are considered suitable alternative redeployment?
If a redundancy payment calculation were made, should this be based upon the substantive salary, or the salary including the honorarioum?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today. Are you currently at risk of redundancy?

JACUSTOMER-9ehqymf0- :

yes.

Customer:

Is your substantive post at risk or the additional work or both?

JACUSTOMER-9ehqymf0- :

Both - as I have spent circa 50% of my time working on the additional duties my substantive post is considered to no longer exist as a full time job - i.e. as I have undertaken it in 50% of my time, only 50% of the role remains; the additional duties I have done relate to a post which changes in a restructuring, so that is also at risk. There is a possible new post, similar to the alternative duties I have done, but it is a higher grade than my substantive post, and hence I have not been assimilated into that post as I am not a close enough match (i need to be within 2 grades and spend 80% of my time on the duties to be appointed as redeployment). if my honoraium were taken into accoutn I would be on a suitable grade and hence closer to being able to be redeployed. thanks

Customer:

just by way of background what sector do you work in and (forgetting their policy on grades) are you suitably qualified to perform the alternative role that is available?

JACUSTOMER-9ehqymf0- :

Public sector (local government) and yes, I have seen the person spec, I am qualified, and I believe I am a good match, and have been undertaking many of the duties required of the post as my additional duties.

Customer:

Ok thanks how many roles are currently at risk?

JACUSTOMER-9ehqymf0- :

within my current team just myself - there is another colleage in a team alongside me also at risk, but I believe she has been redeployed now, there may be people elsewhere in the council, but I believe if there are it is a limited number, and there are other vacant roles within the council, although these would not be such a good match for myself.

Customer:

Ok having worked as a solicitor in local government I have seen many instances of HR overcomplicating matters. Your entire role (both parts) are up for redundancy and any redundancy pay should be based on the whole salary. Where there is a redundancy situation an employer must offer suitable alternative work. If you are not offered the role you mention because it is at a higher grade than your substantive post and the employer fails to consider the additional work then it is my view that you would be able to claim unfair dismissal in the event your employment ends. This is because an employer must offer suitable alternative work and cannot hide behind internal policies and grading structures in an attempt to argue that a position is not a suitable alternative.

Customer:

I would suggest that in the course of your consultation you argue that this is a suitable alternative because it is similar to the work you have been doing and you are qualified to do it.

Customer:

Hopefully they will see sense.

Customer:

If you have any further questions about this please do ask.

Customer:

Hi is there anything further you would like to know.

JACUSTOMER-9ehqymf0- :

Hi, thank you, ***** ***** make sense, and fits in with what I thought should be the case - just one final question/query - is there any case law or gudance to support this that you could point me towards that myself and my work place colleage could refer to and quote during the consultations? many thanks.

Customer:

Hi the law on this is set out in statute law. The relevant section is 141 Employment Rights ACT 1996. This is basic law and your employer will be aware of it.

JACUSTOMER-9ehqymf0- :

Thats great. thanks for your help.

taratill and other Employment Law Specialists are ready to help you
Expert:  taratill replied 2 years ago.
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Customer: replied 2 years ago.

Hi there, just one final question - if Iam offered redeployment into another role which is on a lower salary than my combined salary and honorarium, but is a reasonable match to my skills and similar to the roles I have undertaken, do I have any legal etitlement to any form of salary protection.

Thank you

Expert:  taratill replied 2 years ago.
Hi no there is no legal right to protection in those circumstances. If you chose to take the role then it can be on the reduced salary.
Customer: replied 2 years ago.

Thank you

Expert:  taratill replied 2 years ago.
No problem.

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