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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My partner has been in a job months without any contract

Resolved Question:

My partner has been in a job for 10 months without any contract or agreement to salary. He has been asking to meet his manager to discuss and negotiate pay. He has been told he will be given an amount significantly less than what he was earning in his old post, despite his new post having more responsibilities. Can his employers do this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Has he been getting a set pay until now?
Customer: replied 2 years ago.
He has been on the same pay rate as per his previous role which is hourly rate. He accepts he will go onto salary however there has been no negotiation about the amount however he jas been told it will be a lot less. This wasnt discussed in any detail prior to him taking on his new role, he has not had sight of a contact.
Expert:  Ben Jones replied 2 years ago.
So this new job is it with the same employer as the previous role he was in?
Customer: replied 2 years ago.
Yes. It is a promotion.
Expert:  Ben Jones replied 2 years ago.
It is certainly possible for the employer to do this. There is no law which states that a job with more responsibilities or which is deemed a promotion must pay more. The employer is free to pay whatever they want as long as it is in accordance with any contract issued for the post and above the National Minimum Wage. The fact that he was earning more in his past position, even with less responsibilities, does not automatically mean that he must be paid more in his current post. He could be paid the same or even less, although morally they would be expected to pay more. However, the moral position is not necessarily the same as the legal one and it is the law which would take precedence. So if nothing was agreed at the outset and no contract with specific pay was issued, it would be down to him and the employer to negotiate on pay. If the pay that the employer is offering is not suitable then he does not have to continue with the job and he can ask to go back to his old role with the old pay he was working under. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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