Possible pay reduction!!!

[Noodlebear]

My OH started working for his current employer in June. He really liked his previous job but left because this one was quite a substantial pay rise. The job he has now was advertised as a skilled fitter and said it the pay was going to be between x and y an hour and that was the post he has been given. They put him on the higher amount of money, which was their decision! They have now turned around TODAY (5 months later!) and said that actually they are paying him too much, he shouldn't be classed as a skilled fitter, he should be something else and have said that as of MONDAY he will be on around £2 or possibly £3 an hour less than the lowest amount they said he would be getting for the role he has. Are they allowed to do this?! We get no help financially which is fine because currently our financial situation is comfortable but obviously that hourly reduction will soon add up!! I can't believe this is happening!!

 

[NerdyMama]

That's odd. Did they give a reason? Like was his performance not what they expected? If he hasn't had a performance review he needs to ask his employer why they wanted to drop him from this position and if they give constructive feedback ask if he can be on a probationary period and improve his performance and earn back the position. Unfortunately they absolutely can drop pay and work position, but he needs to advocate for himself and if he can't get a reason or if it may be discrimination to file a grievance or find a new job.... Sorry that this happened... if you can give me the info, even if you want to pm me it I can talk to my business professors. Im currently enrolled in a business degree and all of them are extremely helpful with problems encountered in the work force. I could have an answer by Tuesday night.

 

[Noodlebear]

The people who are suggesting the pay cut don't actually work with him, they're from HR - so couldn't really comment on how well he works. The guys that work with him think it's ridiculous. They're basing it all on this skills matrix they've suddenly decided to use but they haven't fully explained it to him (and it didn't seem to matter when they employed him in the first place!). They've pretty much turned round and told him that he should never have been employed in the job role he has now because he doesn't have the right experience.... although he's been doing it for the past 5 months, has been on training courses along with all the others and has more experience than someone else working there - this person just happens to have worked within the company longer. He's going to be doing the same job he's doing now, working with the same people (the 'skilled fitters') only they want to change his job title and pay him less money. He dug his heels in because there is no way in hell that 3 days notice is good enough and they relented a little (obviously because they're not allowed to just go and do it without his knowledge/consent) but he has a meeting with one of them on Monday.
What really got me is that at the beginning of the conversation he had with them he was told that it'd be reduced to a certain amount of money, he got angry and said that was less than he was on before and he would never have taken the job for that so they upped the offer there and then by £1 an hour.....which makes me think it really is nothing to do with his 'skills' they're just trying to rip him off :/

The more I look into it/talk about it the more I think there's very little we can do, it was implied that if he didn't take it his contract would be terminated. Sorry for the big rant but I'm so mad! This is just what we need in the run up to Christmas!

 

[hulahoop09]

Im not too sure if they can do it hun, have you spoke to acas as they are fab for advice on things like this. The only way I can think is if they make him redundant from his current role.and offer a new one but I dont know the ins and outs of employment law.
D
effo give acas a call

Xx

 

[Noodlebear]

I thought about them maybe making him redundant too but the woman that was there hinted at actually terminating his contract, so just firing him! I think if they'd approached the situation differently and explained it better we might be less angry - it's still fucking ridiculous though! But the way 2 of them travelled from their offices up to where they all work to gang up on him (as pathetic as that sounds!) and tell him that when he returned to work after the weekend he'd be earning a minimum of £80 less a week! That seems so wrong to me, I honestly don't believe that they are within their rights to do it like that and I don't just mean the piss poor notice period - surely stuff like that has to be in writing and signed by all parties! And I don't see how that could even be processed over the weekend, no one would be there!
I've never heard of acas before - who are they? x

 

[NerdyMama]

I didn't see that you were in UK. Unfortuantly I do not know laws concerning this there. However, what they have done is unfair, absolutley. I hope that his meeting he can figure out why the heck they are doing this to him. If they are willing to bump his pay up apparently they feel he is an asset to the company. I think if he can't get this figured out another job is in order. If you guys have a glassdoor.com type website, go on and write a horrible review of the working policies there to warn others who may fall into the same trap. Make sure you guys do as much research as possible over the weekend, including normal salary for his type of job and experience. This will tip the scales into his favor if he says well this is how much the base pay is in my position and also any info about employment laws in your area pertaining to this. I live in what is called a "right to work" state, which should actually be called "right to get your ass fired for any reason" and so what they have done would be legal and within their rights... I am hoping it is not the same there.

 

[Abz1982]

I found this:

Your level of pay must form part of your employment contract (which could be written, oral or implied by the actions of you and the employer) so reducing your pay would amount to a variation of contract which cannot be done unless you agree.

If your employer cuts your pay without your say so, this amounts to a breach of contract and you are entitled to walk out of your job and take them to employment tribunal with a claim for constructive dismissal. The tribunal could either tell the employers to reemploy you on your original level of pay and/or order them to pay compensation and damages.

If you refuse to take a pay cut your employers isn’t allowed to treat you less favourably by, eg, putting you first in the queue for redundancy, otherwise you could sue them for unfair dismissal.

https://www.lawyerlocator.co.uk/law...iew-of-pay-pay-rises-pay-cuts-notice-pay-etc/