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My job has been given away whilst I'm on maternity leave - LocalSolicitors.com

My job has been given away whilst I'm on maternity leave

Hi

This sounds as though your mothers previou semployer is seeking to rely on some restrictive covenants or restrictions which apply even though the employment relationship has ended (reference to end dated). I suggest looking at the contract of employment or any additional agreement that your mother signed when employed by the old security company to see how long the restrictions last. It is not usual for 'lifetime' bans to be imposed as they would likely be deemed unreasonable. The rationale behind restrictive covenants is that they are designed to protect the business of the 'old employer' and should only be for a period of time and scope that legitimately protects the business. They should not prevent your mother from working due to their unreasonable scope. If there is a 'lifetime' blanket restriction I would suggest contacting the old employer to try and negotiate with them and get them to agree a release so that your mother can work for the new company during festival season.

Can my employer stop me from working as a subcontractor for another security company?

Paul Quinn

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.

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