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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 1241
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have a question related to my secondment, manager,

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Hi There
JA: Hi. How can I help?
Customer: i have a question related to my secondment
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: manager
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: operates with employees and contractors but this is related to myself as an employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have been put on a secondment since 03/2019, month later as every year in our company we have a salary review which is nothing else but simply a pay increase (usually ranges between 1%-4% of our current salary)
I realized throughout the secondment that my new boss is very keen to get me on board (this is a new created position so business wasnt sure how this going to play out) so I decided to negotiate pay increase for a full time job from this secondment
Please bear in mind that on my secondment letter I did not get any extra pay increase (it was just annual increase which happened month after I agreed on it)
After I stated my requirements for a pay increase my previous boss mentioned to me that if I will not accept new role I will loose my previous pay increase because it was granted during my secondment and not my usuall role! so my question is, can employer do this???
I have been told clearly that accepting secondment I have nothing to loose and now I am threatened that my yearly pay increase will be taken away.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer. However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Customer: replied 6 months ago.
how can I cancel it? cannot you just answer via email?

Although there is a legal dimension to your problem, I am uncertain as to whether this is a problem that a solicitor can assist you or add any value to it.

An employer is under no obligation to review salary regular nor increases wages.

Were you to instruct a solicitor to correspond with your employers, this made inflame relations between you and your employer and do more harm than good.

Customer: replied 6 months ago.
my question is: Do employer has a rights to retract previous pay increase which happened during my secondment (in case I will not accept to sign contract for a new position)

Just reject the offer for a phone call and you will not be charged.

It sounds as though you entered into a new agreement with your employer on your secondment and are now going back to the old contract?

Customer: replied 6 months ago.
I signed secondment letter in march 2019 and pay increase happened a month after that event.
Customer: replied 6 months ago.
please bear in mind that pay increase letter looked exactly the same as the ones I received in my previous position
Customer: replied 6 months ago.
now employer pressing me to accept new contract with a threat that if I don't accept and revert back they will take away my pay rise from April 2019

OK, you may have a claim for unlawful deductions in wages.

However, I will need to see your contract(s) of employment and relevant correspondence to advise more fully.

Customer: replied 6 months ago.
below are my secondment letters, whats important to notice is that my extention (this is my latest letter - my employer got behind with paper work so looks like I have been working since 29 September 2019 in my old position (even though I am still doing secopndment job) this means I have been receiving unchanged wages while legally I supposed to be in my preivious position. I think this is quite strong argument if employer decided retract my previous increase?

The letters do no state how your salary will be affected, so it is difficult for me to advice with any certainty.

It appears whether you want to take the point with your employers and if they continue to act unreasonably, whether you want to leave in direct response and claim constructive unfair dismissal.

Customer: replied 6 months ago.
Well, I will try to settle this somhow but just wanted to have a legal view if my employer will want to make things harder along the line. If my secondment letter did not state anything about salary changes (and this is all I received from my employer) can they say that pay increase was made purely for a secondment role (nothing was mentioned on the pay increase letter - my job title not changed but I cannot find a letter now)

I am sorry that I do not have better news for you, but I must be as honest as possible with you in order to act in your best interests.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

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