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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I had a letter from work saying I will be getting a pay rise

Resolved Question:

I had a letter from work saying I will be getting a pay rise of 2% plus 25p an hour taking my hourly rate to £8.61 then because the line supervisor found out complained to management I was on more than him but I get paid more because I'm a line cutter.
Then a few days later I receive another letter saying
It has come to our attention that your rate of pay is above maximum set for the line cutter role,ican confirm that the rate of 8.21 my current rate has been red- circled and unchanged and will receive 2% as a one off payment.
? Is one can they do this and 2 do I have any claim to the original pay rise.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
Over ten years full time
Expert:  Ben Jones replied 1 year ago.
Did your contract entitle you to a pay rise and is it true that there was a top rate in place which you had reached for your role?
Customer: replied 1 year ago.
We normally get a yearly pay rise the four cutters were told we were all getting 2% plus 25p as far as I know I am the only one that has changed.i am unaware of a top rate in my role
Expert:  Ben Jones replied 1 year ago.
You can try and claim that the offer of a rise was a contractual promise, which if not honoured amounts to a breach of contract. The issue is whether this was genuinely meant by the employer as a rise or if it was offered in error. Just because someone complained about it does not mean that it was initially issued in error so they may not be able to defend it on those grounds. But in the circumstances this is the only grounds you can pursue it further on. In terms of taking it to the next steps, the options in summary are: grievance, breach of contract claim or constructive dismissal. This is your basic legal position. I have more detailed advice for you in terms of the options mentioned above and how to pursue them, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. As mentioned first you raise a grievance internally with the employer. A breach of contract claim could follow in the county court but they cannot force them to change the rate, just compensate you for the losses suffered. Finally, constructive dismissal. This could potentially amount to constructive dismissal, which occurs when the following two elements are present:· Serious breach of contract by the employer; and· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away. If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal. Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.