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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49823
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have a direct employee under contract, who is

Customer Question

We have a direct employee under contract, who is consistently under performing within his role.
We originally based his salary on information provided at point of interview, which led to his employment.
He has been with us for over a year and although we have a rolling training programme, he still is not up to the standard required within his job role or indeed anywhere near the standards as set by his work colleagues. We want to continue his employment but need to reduce his salary accordingly. He is currently on £27k per annum, and this needs to be reduced to around £23k , which is more in line with his performance, and others in the same job role, who are performing at a higher level.
Can you advise on how we can deal with this delicate situation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Has he received any appraisals during the course of his employment to discuss his performance?

Customer: replied 1 year ago.
we did an appraisal at 3 month following his probationary, thereafter its 6 monthly.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Thank you I would appreciate an answer asap.I have also just checked his file and he had a meeting with his online Manager at the beginning of June regarding projects that he has under performed on.
Expert:  Ben Jones replied 1 year ago.

OK, I will review the relevant information and laws and will get back to you in a short while. Please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience and sorry I could not reply until now, I had some travel issues after court.

Anyway going back to your query, if you wanted to reduce his salary then in the absence of a specific contractual clause allowing you to do so, you wold be acting in breach of contract. So you cannot just go and reduce his salary just because he is underperforming. You either need his consent or a specific contractual right to do this.

In the absence of either, there is still a way you can implement this. The good news is that he has been employed by you for less than 2 years, which means he is not protected against unfair dismissal. This means you can terminate his employment for more or less any reasons and without following a fair procedure, as long as it is not discriminatory (I see no discriminatory issues here). So what you can do is to terminate his current contract and once that has terminated, you can re-engage him on the new contract with the lower salary, which he can either accept or reject and leave your employment.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to implement this, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.