Pay Rise Locked Behind Agreeing New T's & C's

[aidacuk]

Hi,

Within my role I can "grade" to different levels which doesn't change my job, it just means I get rewarded with a higher salary for being more experienced and performing above the standards expected of my current grade.

I've graded a couple of times already within my current role, however the company I work for have brought in new contractual T's & C's within the last 12 months and are only allowing people to grade if they also agree to the new T's & C's.

In my case, the new T's & C's are less favourable for me as I will lose out on sick pay and a few other small benefits that my current contract entitles me to.

Is it legal to withhold a pay rise unless you agree to new T's & C's?

Thanks in advance.

[R0b]

From a general starting position, the answer is likely to be no. The new T&Cs put in front of you would likely be seen as a variation to your contract and normally one which would require your consent.

Whether your employer is avoiding its obligations, depends on what your contract says about grading i.e. whether you are automatically 'graded up' once certain conditions are met and so your pay also increases, or if for example, the grading is entirely at the discretion of the employer, or maybe a mix of both.

Are you able to share the provisions in your contract that talks about grading and salary increases so we can see exactly what is says?

Also tagging ULA who is the resident employment expert.

[ULA]

Thanks for the tag.

Before I can provide any advice I would need to see anonymised:

1. The term in your existing contract re grading to different levels.
2. Does your existing contract have a term in in about the ability for your employer to change your terms and conditions of employment at any stage in the future by the giving of notice or something similar?
3. How has the company been approching the changes to contractual terms with individuals?