Pay increase during notice period - not honored

[jd0963]

Hi, hopefully someone can help me with this.

In December 2020 I signed a new contract with work that states that as of Dec 2020, my salary will be increased by 5k and again in May 2021 by another 5K if my objectives are met. They also state that my notice period will change from 2 to 3 months effective immediately.

I met all my targets (have written confirmation of this) however in April I was offered a new role at a different company which I accepted. My current employer has now cancelled my 5k pay increase for May (stating under the reason "he resigned") however I am still being expected to work my full 3 month notice period.

I handed my notice in on 28th of April, meaning my last day would be 28th of July however I want to start my new role on the 5th of July so my current employer is forcing me to use all my annual leave I have remaining and some unpaid leave in order to leave early. my question is, do they have the right to do this or can I just leave on the 28th of June (as they didn't honor my contract with the pay increase, why should I honor the extended notice period of 3 months?)

Do I have a decent argument here or am I just clutching at straws?

[ULA]

If you have a signed new contract of employment which details and confirms the increase in salary at the start of the new contract in Dec 2020 and then a further increase in May 2021, then technically they are in breach of contract UNLESS there is anything in that contract or in any company policy that says pay increases will not occur if someone is on their notice period - this would not be unusual.

You contract states 3 months notice effective from Dec 2020, so that this the notice you are required to give and the company can hold you to that.

An employer can ask an employee to take any outstanding holiday they may have in their notice period.

What you may be able to do as a suggestion is, if there is truely a breach of contract in regard to the May pay increase, that you make an arrangment not to pursue this if your employer agrees to a shortend notice period.