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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 recently gone through consultation in my job due to

Resolved Question:

I have recently gone through consultation in my job due to restructuring and have been successful in securing a position with more responsibility within the new structure. However they have changed my pension benefit - they used to contribute 10% and I contributed 5% - they have changed this to their contribution being 5%. Are they allowed to do this without notifying me through the consultation process and only notify me at point of offer?
thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Is your overall package more than it was in the original role?
Customer: replied 1 year ago.
The package I was on before was 45.5K with company car with pension contribution of 10%. My package now is 49K with a car allowance of 5K per year and 5% contribution for my pension. Taking into consideration what I lose in pension contribution I am not better off with the new package.
Expert:  taratill replied 1 year ago.
Ok thanks, ***** ***** started the new role? If so how long have you done it for?
Customer: replied 1 year ago.
Yes the role started on 1st September this year and I have yet to receive my contract.
Expert:  taratill replied 1 year ago.
When did they tell you that the pension contributions would be reduced from the original package?
Customer: replied 1 year ago.
The first time that I saw that the pension contributions would be reduced was on my letter offer. To be honest although it was on my offer letter I did not realise until my first payslip - it was then that I contacted HR (head Office) querying it as I had not been advised of any benefit changes until that point - the response was that they were sorry but that was the package in the new structure.
Expert:  taratill replied 1 year ago.
They have been extremely devious in the way that they have dealt with this. You should have been told during the consultation process that the pension contribution would reduce.
They are entitled to offer a reduced package for an alternative role, when they do that if it means you are on a less favourable package then legally this does not amount to a suitable alternative meaning you were entitled to a trial period of 28 days during or immediately after which you were entitled to reject the role and claim redundancy.
The problem you have is that you have worked more than 28 days under the new package and if it was on the offer letter you cannot argue that you were not aware of it.
In any event you can raise a grievance on the basis that the failure to consult on the point amounts to a breach of trust and confidence and see where that gets you.
You cannot force them to pay the increased pension contribution but you may be able to resign and claim constructive dismissal if they will not pay it.
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.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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