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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50199
Experience:  Qualified Employment Solicitor
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I have been with my company for 18 years and, in that time,

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I have been with my company for 18 years and, in that time, my job has changed and am now going to be Red Circled, I have read some items on this and, as far as I can tell, this means that I will not receive a pay rise until my wage in in line with wage of the job I'm now doing, I understand this but can the company drop the money I'm on now over a period of time until I'm in line with the wage for the job I am now doing, if this is so then 5 years down the line when I should be retiring I will struggle to make ends meet with rent and other bills. Is this what will actually happen?
taratill :

Hello my name is***** am sorry for the delay in responding to your question, can you tell me if they have actually told you your salary will be reduced?

Customer: I have been told that my salary will stay the same for 3 years and, for the next 3 or 4 years I will get 90% of the wage I am on now that year, then 70% the next year then 50% the following year until my wage is in line with the job I shall be doing, and, by then, I will be 66 years old and, hopefully retired , if I can afford to do so
taratill :

I am sorry for the delay in getting back to you. Are you going to be doing a different job then from the original one you did and have you agreed to the change in role?

Customer: I will be doing a different job and have, in principle, agreed to change, all depends on the answer I get from you
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Customer: replied 3 years ago.
I can wait for an answer, thanks
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Thank you for your patience,
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
If you are red circled then it does not mean that the employer can start reducing your salary in order to try and bring you in line with the standard wages for that job. Doing so would amount to a potential breach of contract by the employer and allow you to seek compensation. What generally happens is that you are stopped from having any further wage increases until your wage is in line with the salary for the job, rather than actually having your salary dropped.
If your wages are dropped then it will actually amount to a change to 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.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50199
Experience: Qualified Employment Solicitor
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thankyou for answering my question, it is as I thought it would and will now be looking forward to see what my company will do.
Thanks again