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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 54559
Experience:  Qualified Employment Solicitor
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Currently negotiating going from hourly pay to a salary. On

Customer Question

Ian currently negotiating going from hourly pay to a salary. On my current wage with overtime I earn alot more money then the salary offered. Do I have to accept there proposal? if I didn't acept there salery proposal could they change my job role and lower my hourly rate?
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
I'm unsure what to do, the job always entiails overtime traveling and working nights and I would only have to work 4 hours extra a week to achieve The salary offered. Which is £5000 pound less than what I have earned in each of the last 5 years. I'm also worried if I don't accept they might try indirectly to force me out.
Expert:  Ben Jones replied 10 months ago.

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

Expert:  Ben Jones replied 10 months ago.

How long have you worked there for?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
23 years
Expert:  Ben Jones replied 10 months ago.

Thank you. The short answer is no, you do not have to accept their proposal but if you do not they can try and change the contract anyway.

If they wish to do so, there are a few ways they can go about it:

· Receive the employee’s consent to the changes.

· Give the employee the required notice to terminate their current contract and re-engage them under a new contract containing the changes`.

· Simply forcing the changes through with no notice or consultation.

If the changes are introduced without the employee's consent, then the following options are available to them:

1. Start working on the new terms but making it clear in writing that this is done ‘under protest’. This means that they do not agree with the changes but feel forced to work under them as they have no option. In the meantime try and resolve the issue by raising a formal grievance. This is only a short-term solution though as the longer someone works under the terms, even under protest, the more likely it is that they will eventually be deemed to have accepted them.

2. If the employer gives notice to terminate the current contract and re-engages the employee on the new contract, it could potentially amount to unfair dismissal. However, the employer can try and justify their actions if they had a sound business reason for doing so, usually from an urgent financial perspective. If no such reason exists, it is possible to make a claim for unfair dismissal in the employment tribunal, subject to having at least 2 years’ continuous service with that employer.

3. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., it is possible to resign and claim constructive dismissal. The employee must accept the changes and immediately resign in response to them. A claim is again dependant on the employee having at least 2 years' continuous service with the employer.

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 right to change any term, nothing but the clearest language will be sufficient to enforce such a right. Any attempt to rely on such clauses will be subject to the requirement of the employer to act fairly and reasonably and be able to show that it was necessary to apply the required changes and that there was no other way to resolve the situation.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the constructive dismissal option if you eventually have to use it. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Expert:  Ben Jones replied 10 months 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 quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks