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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48189
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Can my employer drop my hourly rate by law for being of work

Resolved Question:

Can my employer drop my hourly rate by law for being of work sick for 3 times in in 12 months?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Does your contract say they can do that?

Customer: No
Ben Jones :

How long have you worked there for~?

Customer: 8 years
Ben Jones :

ok let me get my response ready please

Ben Jones :

By dropping your hourly rate your employer is basically changing your contract. There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:



  • Receiving the employee’s express consent to the changes.

  • Forcefully introducing the changes (called 'unilateral change of contract').

  • Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms.


 


If the changes are introduced without the employee's consent, then the following options are available:


 


1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance.


 


2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions.


 


3. If the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can try and justify the dismissal and the changes if they had a sound business reason for doing so. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, you can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply.

Customer: So I take that as a no then?
Ben Jones :

Well the very short answer is indeed 'no' but obviously the above will be relevant dependin on how the employer deals with it and it also explains your rights on how to tackle this issue

Customer: Thank you
Ben Jones :

You are welcome

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