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Alex J.
Alex J., Solicitor
Category: Employment Law
Satisfied Customers: 3760
Experience:  Solicitors 2 years plus PQE
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My Employer wants to reduce my wages to zero salary and only

Customer Question

My Employer wants to reduce my wages to zero salary and only commission based payment. I am currently off work on medical leave, and I have been in and out of surgery for the same condition for the last 7 months (2 surgeries plus healing time)I am currently a partner in the company and the salary is effectively a draw-down. Can they just change their decision on how they pay me while I am on medical leave?The story is a little more convoluted as I signed with the company and was suppose to get private medical immediately. Paperwork somehow got lossed and I am dealing with my surgeries through the NHS (wait lists, not immediate care etc)..
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for?

Customer: replied 1 year ago.
approximately 1 year
Expert:  Ben Jones replied 1 year ago.

Ok thanks leave it with me please I will reply later this afternoon

Expert:  Ben Jones replied 1 year ago.

Sorry can I just check the nature of the medical issues? Also are you a partner as well as an employee?

Customer: replied 1 year ago.
a partner as well as an employee, I'm a broker.Upper leg injury where they had to remove a small portion of flesh. Requires constant medical bandage changes, and resting in a position that does not allow sitting..
Expert:  Ben Jones replied 1 year ago.

Ok I might have to pass this on to a colleague due to the more corporate nature of this situation. No need to reply in the meantime thanks

Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My colleague has asked me to assist you with this. Do you have a partnership agreement? Kind regards AJ

Customer: replied 1 year ago.
Hi thanks for getting back to me AJ. I do not see it listed in the employment contract. Should I request a copy of the partnership agreement
Customer: replied 1 year ago.
In fact it is not a employment contract, it is a partnership agreement. It states that I am not an employee.In would assume all employment law issues are now thrown out?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Not necessarily - are you paid your wages PAYE? Kind regards AJ

Customer: replied 1 year ago.
PAYE. The company deducts the taxes.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Regardless of whether you have an employment contract you could still claim you are an employee as well. Is there any way you can block him from stopping the bank paying you?

Customer: replied 1 year ago.
No way whatsoever.. unless I try to speak to HR
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Do you get a payslip each month? Or do you have anything that says you are self employed?

Customer: replied 1 year ago.
I have a payslip each month
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. If have continually been paid a wage, you may have grounds to allege you are an employee - and therefore they should not just stop paying you. The question is going forward do you intend to return to work or are you looking to leave the partnership? Kind regards

Customer: replied 12 months ago.
Ultimately, I would like to continue to work there.. However, I think if they are trying to cut my paycheck, it is a doomed sign.