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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68189
Experience:  Qualified Solicitor
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During a performance review, can the employer decline giving

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During a performance review, can the employer decline giving me a pay rise because they are paying for my studies?
JA: Have they discussed this with a manager or HR? Or with a lawyer?
Customer: no
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the studies started just 6 months ago and I didn't have a pay rise for 2 years. In that time my responsibilities increased significantly.

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.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 12 days ago.
4 years
Customer: replied 12 days ago.
I got a payrise after 1 year and then we started talking about studies. Last year I overheard that because they decided to pay for my studies, they will not give me a payrise for a few years. Is that legal?

Many thanks for your patience. Is a pay rise guaranteed under your contract?

Customer: replied 12 days ago.
No, it is not guaranteed. I do wonder mainly if they can use my studies as an excuse.

They can do – they can have o excuse at all if they wanted to. Pay rises are not a legal entitlement, they are not guaranteed in any way, unless you had this right under contract. So the employer can potentially never give you a pay rise, as long as they continue paying you above the minimum wage. Therefore, they can easily use the studies as a reason not to give you a pay rise because they have no legal obligation to give you one in the first place.

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 12 days ago.
That is fine, I just needed a clear answer from the legal point of view. Thank you

All the best