Legality of Pay Increase being withheld for not signing an increase in notice period.

[BugBoy]

Hi Beagles

Was wondering if I can get some advice? To cut a long story short. We (our workforce with length of employment over 1 year) have had a pay increase from Jan 2022 (in my case about 2K), in what was billed as a Pay Review. This was done as pay rises ceased while the Corona crisis was in its initial stages. I'm possibly one of the few employees left on the initial one-month notice period in my contract. I'm also told that I will not be getting my pay rise unless I sign an amendment to my contract increasing my notice period to three months. Can I ask the legality of this?

My employers are trying to tie the fact that the 2K raise to recompense me for the increase. I know that all my other colleagues have not had to sign any amendments (they already have 3-month notice periods having joined after me) and are still getting the raise in question. I state again. This was done to bring employee's pay into line with current marketplace expectations.

I'm wondering if my next steps would be to sign the contract but as soon as it comes into force (next year Jan 1st), to immediately state to HR that I'm working under protest and file grievance with the company.

[ULA]

Employers are not legally obliged to give a pay rise unless their is a clause to that effect in a contract of employment or to ensure that your salary is maintained at a level at least equivalent with the minimum wage.

You cannot sign the contract and then claim that you are working under protest, by signing the contract you are accepting the change.

What you potentially need to do is raise the grievance about the fact the the company have coupled together the pay rise to the increase in notice period, yet those staff who have come in on new contracts with the notice period at that level, are still being given a pay rise.

[BugBoy]

Many thanks.

That was my thoughts for an initial course of action. Thanks for confirming that I'd have to file the grievance first and then work from there.

From your reply, I'm also guessing that I would not have a case for saying I'd signed the contract under financial duress, if I did sign then try to file a grievance afterwards?

[ULA]

You are correct in your guess I would not advise that course of action as you potentially put yourself in a weaker position. Having signed the contract you would be accepting the terms and it is then hard to try to back-track out of it.