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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46764
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Our new boss who takes over 1st Nov 2016 has just sent us an

Resolved Question:

Our new boss who takes over 1st Nov 2016 has just sent us an e mail saying that our pay will be one month in hand. For the last ten years with our old boss we were paid every forth Friday for the preceding four weeks. The new boss wants to not only change this to the first working day of every calendar month but also to one month in hand. Which means we will not get paid for the work done in the calendar month of November until the 1st Jan 2017. ( I know it's irrelevant but with Christmas as well )! He recognises that this will cause hardship so will offer a loan to help out which will be paid back in equal instalments oover the subsequent four months pay. What if we flatly refuse..can he implement anyway.
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

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

Expert:  Ben Jones replied 7 months ago.

Is the loan going to be interrest free?

Customer: replied 7 months ago.
Customer: replied 7 months ago.
The email does have a foot note saying if anyone has individual concerns that they should contact him. I know people don't like change what ever. But it doesn't seem right that as a result of the business sale we have to wait one month longer for our pay. He has expressed business reasons as the hand scanner that logs our hours will collect data and it will take a month to process our hours calculated our salary and tax and then pay by bank transfer
Expert:  Ben Jones replied 7 months ago.

Hi there sorry I was in court earlier and got called back in. There is nothing actually stopping the employer from implementing the changes even if you refuse to accept them. They have the power to make the changes whether you like it or not. The issue then becomes whether the changes are unfair and have been implemented unreasonably and then potentially give you options on challenging them. Sadly there is no easy way to challenge a change to your contract and the main option is to resign and claim constructive dismissal, arguing you have been forced out as a result of this. As you can imagine this is quite a drastic step to take, especially if the changes are not that serious so you will have to consider how important all of this is and will impact you before you decide whether it is serious enough to make you no longer want to work there.

I would say that whilst the changes may not be ideal, because you are basically going to end up without pay for a longer period of time than usual, the employer is trying to reduce the potential effects of this by offering you a loan which is interest free and will not actually cost you anything. So they are not just pushing these changes through without considering the impact it will have on you and are looking at options to reduce any adverse effects.

Overall this is unlikely to be a serious enough change to warrant a constructive dismissal claim and whilst you can try and challenge it internally through a grievance, the employer can eventually push the changes through even if you disagree with them.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 7 months ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46764
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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