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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48455
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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FAO Ben Jones. Ben, I have had a meeting with my boss today

Customer Question

FAO Ben Jones. Hi Ben, I have had a meeting with my boss today who has advised me that with immediate effect I need to change location of employment and take a 10 000 pay drop. This is to happen from Monday. The reason given is both sites need fresh blood. He is simply going to swop Managers with each others sites. There is nothing in my contract stating he can do this. I asked what is the alternative. He said there was not one. I have been with the company for 1 year 7 months.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. have you signed anything or agreed anything verbally with you employer about these changes please.

JACUSTOMER-w018zjf2- :

No, told him I was unhappy. He told me to think about it and we will chat about it tomorrow.

JACUSTOMER-w018zjf2- :

He told me to take the rest of the week off fully paid to think things through.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

JACUSTOMER-w018zjf2- :

thanks ben

Ben Jones :

Thanks for your patience. Your rights will be somewhat limited in this case. Until you have at least 2 years’ continuous service with an employer you are not protected against unfair dismissal. His means that the employer can dismiss you for more or less any reason and without following a fair procedure as long as they are not discriminating against you, which I cannot see being the case here.

In your case it means that they could ask you to change your location and take a pay cut and if you are unhappy to accept this then they can simply serve you notice under contract and terminate your employment. Once your notice period expires they could offer you a new contract with the new terms they want you to work under, which you can decide to accept or reject, although if you reject them you could be left without a job.

All they would be required is to give you the notice period under your contract and also to pay you the existing pay during that period. So they cannot reduce your pay during the notice period but once that has expired or they have paid you for it, then they can do as described above.

Hope this clarifies your position, even though I appreciate it may not be the answer you were hoping for? If you could please let me know that would be great, thank you

JACUSTOMER-w018zjf2- :

okay so if I reject it they would have to serve me notice i.e. three months as per my contract and holiday pay? would i be required to work my notice and could they make me work this in another site?

Ben Jones :

yes that is correct you are entitled to the notice period in your contract at the pay you are entitled to under it, including holidays for the period worked. You may not be required to work through it, they could pay you in lieu of notice, however if they want you to work it then it would have t be in accordance with the contract terms, so in the role you ere employee, unless they are allowed t ask you to work elsewhere

Ben Jones :

Does this clarify things for you?

JACUSTOMER-w018zjf2- :

Thanks for this. Finally may i ask can they use my holidays in lieu of notice? i mean could they deduct these from my 3 months?

Ben Jones :

if you are paid in lieu of notice then no, if you are asked to work your notice period they can nominate days that you take off as holidays throughout that period

JACUSTOMER-w018zjf2- :

thanks ben as usual great advise

Ben Jones :

no problem, all the best

JACUSTOMER-w018zjf2- :

Hi Ben. The plot thickens with this. My boss made an offer to me of a mere thousand pounds to leave. I rejected this as the contract states 3 months, and holidays. It is clear he wants rid of me due to things I am aware of that may affect his position. I should return to work on Monday, however, I have had confirmation that the other manager moves there on Monday. He is simply a director of the management company, should I make contact with Directors?

JACUSTOMER-w018zjf2- :

Also can I ask am I covered with the Whistleblowers Act with only 1 year 7 months of service? I may need some further advise on this.

Ben Jones :

Hi, if you have separate queries about this please post them as a new question for my attention and I will pick them up thanks