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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48774
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can my employer with hold an annual pay rise due to not completing

Resolved Question:

Can my employer with hold an annual pay rise due to not completing annual training requirements by a set date.
I am one course short of the required training. i had booked the course but it was cancelled due to me being the only person attending so i re-booked the course for another date, then a couple of weeks later we were informed of the new policy change and given a completion date which was before my course date at which time all the courses before that date were fully booked.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

I have worked there for 15 years and 9 months. It will be 16 years on 13th January 2016.

Expert:  Ben Jones replied 2 years ago.
How long had the previous policy been in place for and was it part of your contract?
Customer: replied 2 years ago.

It changed to E-learning about 3 or 4 years ago but it is mandatory training which means we have to do it!! we have always had 12 months to complete it but i feel the company is just trying to save money we all work hard and quite often don't take breaks when it is really busy.

Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, my sincere apologies for not being able to get back to you sooner. My internet connection developed issues over the weekend and have just managed to get the provider to resolve them so it is the first time I have been able to get back online.
Going back to your query, your rights will very much depend on what your contract or a relevant policy say about this. First of all, you need to check if the pay rise is discretionary in any event, or if it is guaranteed once you meet certain conditions. For example, are you guaranteed to get it if you meet the training required, or does the employer still have the right to decide if it should be awarded, even if these conditions were met. If they do, then forcing them to issue the rise may not be that easy.
You also have to consider whether the issues you have experienced were anything to do with the employer and if they could be blamed for them. If they were completely outside of their control, they could again refuse to issue the pay rise because you had the set conditions you had to meet but have been unable to do so and it was not down to them, hence they can state you had not met the conditions and not issue it.
In any event, you have the right to challenge their decision. You are able to raise a formal grievance with them and they should investigate what happened Nd come with a formal conclusion. If you do not agree with their decision you can appeal. You have nothing to lose by going down the grievance route because it is your right to raise it and you should not be treated any differently if you decide to use it.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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