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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50203
Experience:  Qualified Employment Solicitor
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On my original job description, it states (suggests) that I

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On my original job description, it states (suggests) that I will receive 14% on top of my working hours, BUT I currently only get this allowance on a Saturday ? My employer now wants to give us a new job description which now states that the allowance is only for Saturday's? Can I claim for the 14% allowance I have not received and also insist on keeping the clause in the new job description?
Hello how old is the job description and how long have you only been paid for the Saturdays only?
Customer: replied 1 year ago.
I believe that the old job description is about 2and half years old and I have been paid only Saturday's for just over a year.
Customer: replied 1 year ago.
This is how long I have been working for them in this role (although I have worked for them in another role for nearly 3 years)
Customer: replied 1 year ago.
If it helps, this is the exact wording on the JD - "(c) 14% enhancement on the basic rate of pay (excluding Crawley Allowance) for those hours worked"
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Whilst you have the 14% clause in the original JD, one issue would be that you have not received this for over a year. A court will consider why this has continued for so long and remained unchallenged. In terms of making a claim for the unpaid hours you are within time to claim these formally if need be. The employer may try and argue that because the Sat only allowance has been in place for a year now, that it has become a part of your contract, especially if it was not challenged. At the same time you can argue that it has not been in place long enough to amount to an implied contractual term. There are arguments for both sides to be honest and only a tribunal or court can decide which side has a better argument. None of that prevents you from opposing the proposed changes or pursuing payment for the amount owed. This is your basic legal position. I have more detailed advice for you in terms of the rights you have if the employer is now trying to issue you with a new contract, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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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. Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved to change any term, so as to evade the general rule that changes must be mutually agreed, courts will rarely enforce such clauses. Nothing but the clearest language will be sufficient to create such a right and the situation must warrant it. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably and can be challenged as above.