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The first consideration is if there are any staff policies or employment contracts in place that govern this. If there are not, then it will be difficult for your employer to enforce this - particularly where you have your client's consent to take their photo/a video of their hair.

You will nonetheless need to take into accout the relationship with your employer and consider whether your desire to snap your clients is worth the potential breakdown in relationship.

Early conversations and agreements always help in this regard.

Can an ex employer (salon) stop me using pictures taken of clients hair on my own instagram account? No contract was given/signed

For you to be placed on furlough, both you and your employer must agree, and your employer must confirm this in writing. 

An employee’s rights, including redundancy rights, are not affected by being on furlough. However, an employer can still make an employee redundant whilst they are on furlough or afterwards.

As your employer has asked you to go on furlough and if you refuse to agree then you may be at risk of redundancy or termination of employment, depending on your employer’s circumstances. However, your employer must still follow the usual redundancy rules.

For further information regarding Employment Law please contact us at Summerfield Browne Solicitors on 0800 567 7595.

Will I be open to redundancy if I agree to furlough?

It depends on your contract but it is lilkely that the employer cannot vary the contractual terms without your agreement. In realility due to the economic impact of the pandemic, whilst the company is unlikley to be able to effect a change without your agreement, they know that individuals face no real option other than to accept given the difficulty of finding alternative work at this time. Whilst a change without your consent would be a breach of contract, the company will be aware that at this time the risk to them is low given the number of employees who are in reality likely to object or instigate legal action.

Can a freelance employer cut wages 50% whilst maintaining full-time hours?

An employer is entitled to make a change often known as a ‘variation’ to an employment contract if:

 * there’s something in the contract that allows the change [https://www.acas.org.uk/changing-an-employment-contract/check-if-the-contract-allows-a-change]. This is commonly referred to as a ‘flexibility clause’ or ‘variation term’
 * the employee agrees to the change [https://www.acas.org.uk/changing-an-employment-contract/consult-employees-to-agree-changes]
 * the employee’s representatives agree to the change [https://www.acas.org.uk/changing-an-employment-contract/when-a-trade-union-can-agree-changes](for example, a trade union)



An employer canforce a new contract on employees [https://www.acas.org.uk/changing-an-employment-contract/when-changes-are-not-agreed], although this should be a last resort and could lead to legal action.

The contract would need to be checked to see if such a clause exists and whether it is clear and specific about what can be changed. If the contract is absent of such a clause then the employer and employee would need to agree to the change before it can go ahead.

Changes can be agreed verbally or in writing, but they do not always have to be in writing. However, when a change is made to an employee’s pay then this must always be in writing and the employer must do this within a month of the change taking effect. 

As for the annual leave, an employee is entitled to a minimum of 5.6 weeks paid holiday each year, although an employer can offer more, and whether they can make the change to the entitlement depends again on whether there is a clause that allows a change to be made. Employees should remember that holidays must be taken when it is convenient with their employer – there is no absolute right to take the holiday times of your own choosing.

If the contract does not allow for any variations to be made and you do not agree to the reduction in pay, then your employer might be breaking the contract's terms and conditions and therefore may be in ‘breach of contract’. 

Should you require further information then please do contact Summerfield Browne Solicitors on 0800 567 7595 or email enquiries@summerfieldbrowne.com

Reduction in pay due to Covid19

An employer is under a duty to investigate matters in full and allow an employee reasonable time prepare their case. Some employers may opt to appoint an impartial investigator to consider the evidence and produce a report. Where an employee is facing potentially career threatening allegations, the standard required for an investigation is higher. An employer must conduct an “even-handed, careful enquiry” – meaning the investigator must focus equally on any potential evidence that may point towards your being not guilty and/or innocent of the allegations against you. To determine whether there are grounds to bring a cause of action against your employer will require a deeper evaluation of the situation. 



Should you require further information then please do contact Summerfield Browne Solicitors on 0800 567 7595 or email on enquiries@summerfieldbrowne.com

Can I sue my employer for deliberate false statements made during an investigation into my conduct. The documents have been shared widely. 

 


Thank you for your question. In law, in order to effect a variation to a contractual term, there is a requirement for an employer to adequately consult in relation to the proposed change.

 




 


The circumstances that we currently face with the pandemic are such that many employers do not have a choice but to make cuts to ensure that they can continue to operate.

 




 


If you are not happy with the variation you can object to it, if the employer proceeds then you have the option to resign and treat yourself as having been constructively dismissed. If you continue working there is an argument that you have affirmed the breach (accepted it) unless you work under protest.

 




 


The reality is that if this is for 3 months, in order to have job security in what is an uncertain market employers proceed with making unilateral changes without consent in the hope that the risk of employees bring any claims are low.

What should I do next?

If a Company is in adminitration, i suggest contacting the adminitrators who are essentially trying to rescue the company and pay off creditors. You will rank as unsecured and will be asked to file a proof of debt form to the administrators can ascertain how much money will be left in the pot. It may be that the company will be rescued and come out of adminitration.

I have a Acas COT3 agreement in place with an employer who is now in administration. What happens now?

It is not unusual for businesses to try and reduce their overheads by reducing the amount they pay to their staff during times of financial difficulty. However, in the UK, it is unlawful for an employer to enforce a reduction in pay across the board.

For a reduction in salary to be imposed on any employee, their consent must first be given for the reduction to be legal. This means that the reduction in salary can only be applied across personnel if each staff member agrees to it.

If the employer tries to impose a reduction in pay without having first obtained consent then the employee may be able to take action by either leaving the job, initiate a claim against the employer for constructive unfair dismissal or continue to work but "under protest" while initiating a claim for compensation to cover their loss of earnings that have resulted from the enforced reduction in salary.

As an employee, you are entitled to refuse the reduction in pay. However, if you do refuse then the employer may decide to terminate your contract of employment [https://www.localsolicitors.com/employment-guides/guide-to-contracts-of-employment]by issuing the contractual period of notice. They may offer to re-hire you following the termination based on the new terms of the reduction in pay. However, if you put up with the change without protesting, then this will likely be viewed as having acquiesced the change, thereby losing your right to object to it.

Employers have a legal duty to staff and if reduced pay requests are to be made to numerous employees, then the employer has a legal responsibility to consult with the employee representatives or trade union regarding the proposal.

If the employer does not follow the process accordingly and within the law, then there may be a breach in the law and legal action may be taken against them. 

Should you require further information then please do contact Summerfield Browne Solicitors on 0800 567 7595.

What are my rights if I refuse to take a pay cut during the COVID-19 pandemic?

An employer is entitled to make a change often known as a ‘variation’ to an employment contract if:

 * there’s something in the contract that allows the change [https://www.acas.org.uk/changing-an-employment-contract/check-if-the-contract-allows-a-change]. This is commonly referred to as a ‘flexibility clause’ or ‘variation term’.
 * the employee agrees to the change [https://www.acas.org.uk/changing-an-employment-contract/consult-employees-to-agree-changes]
 * the employee’s representatives agree to the change [https://www.acas.org.uk/changing-an-employment-contract/when-a-trade-union-can-agree-changes](for example, a trade union)



An employer canforce a new contract on employees [https://www.acas.org.uk/changing-an-employment-contract/when-changes-are-not-agreed], although this should be a last resort and could lead to legal action.

The contract would need to be checked to see if such a clause exists and whether it is clear and specific about what can be changed. If the contract is absent of such a clause then the employer and employee would need to agree to the change before it can go ahead.

Changes can be agreed verbally or in writing, but they do not always have to be in writing. However, when a change is made to an employee’s pay then this must always be in writing and the employer must do this within a month of the change taking effect. 

If the contract does not allow for any variations to be made and you do not agree to the reduction, then your employer might be breaking the contract's terms and conditions and therefore may be in ‘breach of contract’. 

Should you require further information then please do contact Summerfield Browne Solicitors on 0800 567 7595.

I have had my salary cut by 10% this week (with  immediate effect) due to the coronavirus and uncertainty

The employer is not able to reduce wages unless it says in the contract or is agreed otherwise. However, if an employer is not able to cover staff costs due to COVID-19, they may be able to access support to continue paying part of your wage, to avoid redundancies. Please contact Summerfield Browne Solicitors for further information should you require it 0800 567 7595.

Can my employer reduce our wages due to Covid-19?

Good morning. It sounds like they have/are making your role redundant. There are certain requirements that need to be fulfilled in order to make this a fair process, and consultation is one of them. There are a number of options available to you depending on what you feel would be the best outcome for you. Please feel free to contact me on 01744 744 413, I'd be happy to chat them through with you. Al the best. Paul

Can my new boss give my role to other people citing that as a result of the restructure I no longer have a role?

Good morning. If there has been a clear and unconditional agreement for a pay increase between your partner and his employer, which is then withdrawn by them, then this would normally amount to a breach of contract. Your partner could also have grounds to claim an unlawful deduction from wages each time it isn't paid. Depending on the circumstances, if not resolved, this could lead to the employer fundamentally breaching his contract. The employer should be asked to fix the issue. Short time limits apply for bringing claims (3 months less one day) and you should seek the initial assistance of ACAS. If the matter isn't resolved, please feel free to contact us for assistance.

Can my employer legally give me a pay rise the take it back off me 2 weeks later?

Good afternoon.

Your employer needs to carry out a sufficient investigation into your alleged misconduct. Ordinarily, this would mean that you should firstly attend an investigation meeting.

At either, or both, of the investigation and disciplinary hearing/s you should clearly state your version of events and explain why the statements are untrue. If you can, you should also provide any evidence which disputes what has been said by them. This could include any emails, documents or other witnesses.

Once your employer has properly considered everything, they should then make a reasonable and justifiable decision. Feel free to contact me on 01744 744413 should you need any further assistance.

All the best. Paul

Disciplinary hearing - What are my rights?

There are no employment laws which relate to secondments; you will need to check the terms of your contract(s).

My question refers to secondment within a workplace 

It will depend entirely on your written contract with the Trust. We would suggest that you contact your union representative and/or HR to assist.

Do I have to return to employer after being seconded?

<p>For anyone who believes they have a legal issue with their employer, there are likely to be several questions regarding the rights, technicalities and expenses of pursuing a claim. Many workers may worry about their future employability or be concerned about financial matters when their working life already feels vulnerable. To help answer some of these questions, we provide a free &lsquo;Ask a Solicitor' service. This service gives you the opportunity to ask employment law questions to clarify areas of concerns or to ascertain the strength and likely outcomes of a claim.</p>

View employment law questions and answers written by UK solicitors. Get free employment law advice by asking questions on our ask a solicitor service.

Employment Law Questions

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