Employment legality's

Employment legality's

Author
Discussion

TooTall Paul

Original Poster:

938 posts

248 months

Sunday 18th March 2007
quotequote all
Sorry if this is the wrong forum, but i'm having a nightmare with my employers. They are making my position as manager redundant, but still want me to carry on doing the same job but for a lot less money.

Questions
1. Is there a notice period before cutting somebody's salary (i heard it was 3 months)
2. Can they make my position redundant without paying redundancy.
3. If i decline, can i take redundancy, even though they have offered me a different so called title.

Hope all this makes sense
Cheers Paul

Strawman

6,463 posts

208 months

Sunday 18th March 2007
quotequote all
I'd say yes, but you need to talk to an employment lawyer, it counts as constructive dismissal, changing your job so much that it becomes hard to continue doing it, unless the company were going through severe financial difficulties I don't think they can do it.

Marto

603 posts

213 months

Sunday 18th March 2007
quotequote all

Not convinced that your employer can get away with this one. Your contract of employemnt, be it a company specific one or at the least a written statement of terms and conditions (covered under s.1 of the Employment Rights Act 1996) should be your starting point.

My advice would be to seek legal guidence. If your employer is asking you to do that same for less money, and that wage is stated in your contract or annual review letter, then this is a repudiatory breach of contract on an express term of your contract, and has the possibility to head to a constructive dismissal situation.

In any event you will have to envoke the companies grievence procedure (if they have one, and any half decent employer should) should you wish to formally complain, as this keep it official and allows both parties to formally follow a set of procedures to hear the grievence.

Good luck & have no fear of standing up to them!

richburley

2,432 posts

254 months

Sunday 18th March 2007
quotequote all
TooTall Paul said:
Sorry if this is the wrong forum, but i'm having a nightmare with my employers. They are making my position as manager redundant, but still want me to carry on doing the same job but for a lot less money.

Questions
1. Is there a notice period before cutting somebody's salary (i heard it was 3 months)
2. Can they make my position redundant without paying redundancy.
3. If i decline, can i take redundancy, even though they have offered me a different so called title.

Hope all this makes sense
Cheers Paul


Answers

1. Yes, it's the same as the notice period for asking you to leave your job; i.e. the usual notice period in your contract.
2. No, they can't, that's illegal.
3. You COULD, but the truth is your job is not being made redundant; you would effectively be allowing them to "buy you off" from your job.

HTH

TooTall Paul

Original Poster:

938 posts

248 months

Sunday 18th March 2007
quotequote all
Thanks for the info, i will ring a solictor that specialises in this first thing tomorrow.

Thanks again Paul