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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50170
Experience:  Qualified Employment Solicitor
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Ben, I have an employee who is still in probation. We have

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Hi Ben,I have an employee who is still in probation. We have entended probation for a period of 1 month due to it it being our busy period and the absence of their direct line manager.We want to pass probation but the issue is that she was recruited and given a contract for a higher salary then she should have been due to a management error. We want to pass probation but reduce her salary probably by about 5k. He job would remain the same and her job title would remain the same.Can we do this? and if so How?Thanks

Hi there, you can enforce the lower salary in the following way:

You need to terminate their employment under their current contract first. So you need to follow the termination requirements like procedure and notice as per their current contract and pay them anything they are due on their current salary. Once their employment is terminated you can offer them immediate re-employment on the new contract, incorporating the new lower salary. They can either accept it and continue working there or reject it and leave. If they accept it then obviously this new contract will be what they are employed under and the salary in it is what you have to pay them.

Of course you can simply ask them to agree to it to save yourself having to go through this process and tell them that this is how it would end up anyway so it is up to them whether to just accept it or have it forced through.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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