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Can my employer reduce my holiday pay rate if I have taken time off sick with them quoting 12 week average pay?

 


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?

In a nutshell, unless the real reason is due to a protected characteristic or because you made a protected disclosure, then you have no claim. We recommend that you contact ACAS for free employment law guidance/assistance.

Can my Employer dismiss me after 7 months stating simply its not working out??

Can my employer reduce my holiday pay rate if I have taken time off sick with them quoting 12 week average pay?

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