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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed as an ambulance care assistant yrs.

Resolved Question:

I have been employed as an ambulance care assistant for 3 yrs. Paid an hourly rate of £7.35. Last year I changed role and worked in the control room. I requested an increased rate of pay. I received a letter saying it had been increased to £8.50 an hour. The letter stating the increase did not mention the change of role. It did refer to my hard work and commitment and said it had not gone unnoticed by management.
I have now changed role back to road staff as ambulance care assistant. The company have reduced my pay back to the original rate without notyificatioin to me. When questioned they stated the rise was due to a change if role and now I am not in the control room it should revert back to the basic rate.
I do not believe they can just reduce my pay. I still have the letter stating the pay increase and it does not mention any change of role as the reason.
Can you please tell me where i stand with this?
Thanks
Glen
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

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?

Customer:

The change of role was the reason for the request of a pay increase

Ben Jones :

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.

Customer:

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.

Ben Jones :

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

Customer:

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.

Ben Jones :

you are most welcome, sorry it was not better news

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