Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Even though the letter did not mention a change in role, do you agree that it was only implemented because you had changed roles and was issued on that understanding?
The change of role was the reason for the request of a pay increase
Even though the letter you refer to did not state there was a change in job, you will not necessarily be able to rely on it word for word and claim that this gives you the right to retain the increased rate of pay. What matters is the actual intentions that you and the employer had at the time this rise was introduced. So if the increase was introduced specifically because you changed roles and moved to perform something different and it was understood that this would only apply to that new job, then even if this was not specifically mentioned in the letter or anywhere else, it would be implied that if you no longer did that job you will not retain that rate of pay. So relying on that letter alone does not provide a strong argument to retain the increased rate. You could still consider pursuing this through an internal grievance but if that is rejected your only route of taking this further is to go to tribunal. However, they will not just look at the letter – they will examine the discussions and intentions prior to this raise being introduced and look at what the parties’ intentions were and in this case it may become obvious that they only introduced the rate to reflect the change in duties and once these were no longer in place, you would have reverted to your original rate.
Thank you for the advice. Should they have notified me that it was going to b e reduced instead of leaving me short in my wages last month.
good practice would have meant they should notify you but there would also be an assumption that because the job changed, the rate would follow too so legally it would not have been a requirement
Thank you for the advice. The company are very poor and have lots of issues with other staff over pay but at least I now know where I stand.
you are most welcome, sorry it was not better news