Reduction in Salary

[rokat89]

Hi,

My partner started a new job in December. When they offered him the job, they offered him a salary of £17000. He was happy with this so signed the contract. He has a 3 month probation period.

Today, he had his appraisal and they have said they have looked at job roles and his job role falls into the category that gets paid £12000 so they will be paying him that from now on.

Can they do this?

Thanks!

[Kati]

tagging Ula mariefab xx

[ULA]

The employer cannot unilaterally cut your partner’s pay, any variation of the contract has to be by mutual agreement. However, your partner has limited service with the firm and they may just decide to dismiss.

That aside the other concern I have is that, if your partner is over the age of 25 years based on the minimum wage being currently £7.50 per hour and assuming they are working full time, then the reduction to £12k would take the hourly rate below this minimum which they cannot do.

[rokat89]

Thank you for your reply!

He is over 25 and I hadn't thought about minimum wage. Just seen that minimum wage is going up to £7.83 on April 1st as well....

[ULA]

Yes there will be an in increase to the rate of £7.83.

I suggest that your partner goes back to them on the fact that the proposed reduction in salary constitutes a variation to his contract which they cannot unilaterally do and secondly that the hourly rate would take him below the national minimum wage again something that they cannot do.