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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74358
Experience:  Qualified Solicitor
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Could you help with employee advice - reference reduced pay

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Hello, could you help with employee advice - reference reduced pay outside of contract?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: This was imposed without consultation. We were advised that this was contractual upon questioning it. However, now that i have looked at my contract I dispute this
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: predominently employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would also dispute my selection for redundancy as unfair though this is a different issue

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Please explain the situation clearly and in full

Customer: replied 1 year ago.
The first query ref reduced pay - all office staff began to work from home mid March. On 31st March we were advised by telephone call that we would receive a reduced pay as from 1st April with no confirmed end date. Upon questioning this it was confirmed that this was legal per our contracts.
I am now in receipt of my contract which states that reduced hours/pay can be applied should there be insufficient work for us. We were told that the reduction was to align the senior staff with the operational staff who were being furloughed and receiving 80% pay therefore we would be treated the same way but would have to work to ensure that all of our business as usual was completed. There was never a reduction in workloa.
Customer: replied 1 year ago.
I do not believe that the reduction in pay was in line with the reasoning per the contract. Acas have advised me to seek legal advise on the matter

How long have you worked for this employer? and what are you ideally hoping to achieve in the circumstances?

Customer: replied 1 year ago.
Could you please respond via text

No problem.

How long have you worked for this employer? and what are you ideally hoping to achieve in the circumstances?

Customer: replied 1 year ago.
I have worked for the employer for 2.5 years.
Customer: replied 1 year ago.
If it is agreed that the reduced pay is not per the contract I would like to seek the full pay i should have received for the month. As at the end of April I was then furloughed.

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Customer: replied 1 year ago.
Sorry Ben, I have raised another question different to the above details but this has been blocked as a duplicate. It is a different matter not discussed with yourself yet. I would like some council if possible as I have a 3rd consultation meeting scheduled for this afternoon and have requested that this be postponed pending my seeking legal advice to which the company have responded saying that they do not deem it necessary?

Many thanks for your patience. If a reduction in workload was the only condition allowing the employer to reduce your pay and it is clear that this was not the case, you can indeed consider challenging them and treating this as a potential breach of contract. Ideally, it would be pursued as an unlawful deduction of wages claim in the Employment Tribunal as it is free and easier than going to the County Court. Try to raise a grievance first, perhaps collectively with all other affected staff in order to resolve it internally if you can. If you cannot do so you can then take it to the Employment Tribunal.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Customer: replied 1 year ago.
Thank you. Further to raising this grievance, does this give grounds to postpone the redundancy consultation today to give time for them to review my grievance? I also have another question around whether the selection for redundancy was unfair as there are other employees on equal footing to myself who were not selected for redundancy. I believe the company are twisting words to depict my role as different to other people who do the exact same role in order to create the redundancy reasoning

They should but you cannot force them to do so and you should of course push for it regardless.

Does this clarify things a bit more for you?

Customer: replied 1 year ago.
Thank you

You are most welcome

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