Employment rights query

[memmna]

Hi

A first time poster here. Am currently in a bit of a conundrum and would appreciate any advise on it.

My entire team is being lifted and shifted from one business unit (BU) to another, within the same company (legal entity). However this new BU has a different grading structure. Individuals affected are now being advised their new proposed grades. However, no changes are being made to existing terms and conditions of the affected individuals, except for a letter advising of the new grade once we agree to it. The BU's do have different salary levels/bandings as well.

Is it within my rights to expect that for any given grade, an individual (existing OR being transferred), has to be treated equally and fairly, in that they all fall within the same salary level/banding.

Would appreciate any advise on the above.

Regards
Mem

[teaboy2]

Re: Employment rights query

In short No they most certainly can not, at east not without your agreement - But who in their right mind would agree to lesser pay, especially if you have to travel further or are doing the same exact job.

If the employer tries to do this without your signing the new contract, then it may amount to unilateral breach of contract and a breach of section 13 of the employments rights act 1996 (Unlawful Deductions of wages).

You should first raise your concerns, and point out what i stated above, to your employer informally. If this does not work, then its time to write two letter. First letter informing the employer that you do not agree to the new contract, stating exactly what terms you do not agree to and the reason why. The 2nd letter would be to make a formal grievance to the employer stating the same. That way they will have no choice but to follow the grievance procedure, and if they do not you would have grounds to make a claim to the employment tribunal.

You could also of course contact ACAS and ask that they mediate in an effort to resolve the situation.

One question i do have, is have they mentioned anything about redundancies? As this maybe a cost cutting measure in order to try and avoid making redundancy. In which case, you would need to ask yourself, do you take the cut in pay or risk being made redundant?!