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Can your employer downgrade your job and salary? Without your agreement?
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Can your employer downgrade your job and salary? Without your agreement?

I have a permanent contract with my employer having worked over ten years is this a breach of my contract?

Can you recommend a good solicitor in this field in Black Country Area


    




mick
no im not being made redundant my manager wishes to ad on extra duties to my job after letting the person who was in the post take redundancy with the trust trying to save money on wages but it is a position i would never apply for in the first place and certain aspects of the job i dont feel comfortable with and i dont feel i have the time to carry out these duties without making short comings to my role and cutting corners i have objected but have been told if i dont accept the new duties i will be forced to do it weather i like it or not i feel cornered with no choice ????????


Cally
If your employer wishes to bring in a change, they usually need to consult with you. However, if you don't agree, your employer is not allowed to just bring in a change, but they can terminate your contract (by giving notice) and offer you a new one including the revised terms - effectively sacking you and taking you back on, following statutory procedure.

Your employer isn't entitled to simply bring in any change they wish. If your employer tries to make a change that you don't agree with (for example trying to demote you or cut your pay), tell them immediately. Put your objections in writing, asking for reasons for the change and explaining why you don't agree.
If you carry on working without taking action it may count as acceptance of the new terms (even if you haven't signed anything), so you'll need to make your objections clear.
If you start to work under the new terms, make it clear that you're working under protest and are treating the change as a breach of contract. Try to sort out the problem directly with your employer.

Check out the ACAS website, or visit the citizens advice bureau.
Good luck!


Jan S
Rating
Go for it honey - and good luck. people should not be abused like this.


Konfuzius
In Germany one can dismiss his/her employee if he/she comes 3x times even one minute later .
That 's what democracy !!!!


Jez
Definitely not, this sounds like a case of constructive dismissal. I would contact either your union rep or acas and get advice on what you can do next.


Vermel L
Unfortunately, your claim of a "permanent contract," creates questions. Please note that there is no such employment status as a "permanent job status." You may be considered to be a regular full time employee, an independent contractor, or among other things, a temporary employee, but not a permanent employee. In addition, there is no way to determine if your contract has been breached without knowing the terms of the contract. While it is highly unlikely that the terms a binding contract can be changed without expressed agreement between all of the parties involved, you may want to review your contract to determine exactly what you have agreed to, and what has been changed without your alleged expressed agreement. In any event, any changes to your employment status should be discussed with you by an Employee Relations representative from your company, before any changes are made to advise you of those changes.

For any additional feedback, you will also have to disclose what area of the country you are in, and what state laws apply. Good luck.

Vermel L


Tufty Porcupine
Rating
Your contract will state that either you or your employer can give notice to terminate the agreement, and the required notice period will be stated.
If you wanted to leave your job you would have to give the approprate notice to terminate the contract.
If your employer wishes to terminate your contract (and replace it with a new one) the he/she also has to give written notice. (As long as the employer has gone through this process they cannot be described to be in 'breach of contract'.)
At this point you have two options - to either accept the new contract and conditions, or to reject it and take your employer to an employment tribunal to claim unfair dismissal.

I would hope that you are a member of a union and would advise you to seek their support on this matter - they should be able to provide expert legal representation.
If you are not a member, you could speak to a solicitor independently - it aint gonna be cheap though!


El
Unfortunately, there have been quite a few cases of late where the employer has used the re-evaluting process to move some-one from a position and place them a grade lower for whatever reason.
The trick is to have an independant valuer/assessor look into the what they have done. The task would not have been taken on lightly or without the knowledge of HR. Your relationship with your manager is key the whole process, following the HR guideline in which an evaluation or 1-2-1 has to be completed in an timely fashion may also aid your case. Look into the process of time off or ill-health in recent months and justify why you may have had this time off. Solicitor are quite frequently going to court with this type of case. Use the internet to do a bit ot of research and also to find a local Solictor that take your case on.

Good luck

El


Hector S
Hi there - they will have to give you lieu of notice to change. You need to find out why they are doing this. Is it because your position is no longer available and they are moving you to another position. If this is the case then they are effectively making your position redundanct and therefore need to go through a stage of consultation meetings where you have the right to be represented.
I would really seek legal advise, just purely based on that you have worked for this company for 10 years. I would recommend phoning ACAS and they will recommend the next path
good luck


luddite
Yes, mine did. I'm a nurse in the NHS and this is happening a lot lately. We had legal advice and union involvement from the start. It's morally wrong, but legally they get round it by 're-evaluating' your job and deciding it's now different to your current job description. They then change your JD and voila! you have, in theory, less responsibility therefore less money at a lower grade. In real terms, my responsibilities are pretty much the same.
My basic pay is protected for 3 years, after that it drops down to my new grading.
Go to your union ASAP, they probably won't be able to stop it if your employer has done things legally, but they can help you to get protected pay or other benefits for a while.
If you're not in a union - why not? You won't have a leg to stand on and a load of solicitors bills at the end of it.


ellerose
No they can't.

Go to your local Citizens' Advice Bureau and they can help you find a reliable solicitor and advise you in other aspects of employment law.


Timothy
Hello there I am new to this debate and its likely that the NHS will downgrade me or try. Has anyone actually tried to fight this like luddite. I would be happy with a redundancy package and have no intention of agreeing to a new contract. My last appraisal clearly states that I am working to my grade which is a band 7 nurse. Whilst its not definate I suspect that they will reduce the amount of band 7 and 6 nurses in our trust. I want to know if I can be made redundant which is actually what I want. Its done on the quiet without any publicity. We are having a meeting soon to find out what th union say.





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