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TUPE - Transfer of Undertakings (Protection of Employment) Regulations 1981

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How have my employment rights changed if i have been seconded for 5 years? LocalSolicitors.com

How have my employment rights changed if i have been seconded for 5 years?

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?

All employees with at least 26 weeks' continuous service are entitled to make a flexible working request.



To be covered under the statutory scheme, your application for flexible working must: be in writing; be dated; specify that it is an application made under the statutory procedure; specify the change you want and when you want it to take effect; explain what effect if any you think it would have on your employer and how that effect could be dealt with; and state whether you have ever made any previous application and if so, when.



If you have not made a statutory request, you should consider making one and ask for a copy of the flexible working policy.



Your employer must deal with the flexible working request in a reasonable manner and notify the outcome to you within a three-month decision period. It can refuse your application if there is a business reason for doing so.



If agreement cannot be reached, you may consider raising an internal grievance or seeking assistance from a solicitor or ACAS.If your employer has failed to follow the statutory procedure, you may be able to bring a claim in the Tribunal. You should take legal advice on the merits of a claim.



You may have other grounds of complaint, depending on the facts of the case. A decision may be discriminatory if it is related to your sex, pregnancy and maternity, age or race for example. I note that your employer has granted a female colleague part time work following her maternity leave.

Does my boss have to let me work part time after maternity leave?

How have my employment rights changed if i have been seconded for 5 years?

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