Employment lawyers? Can they do this?
Employment lawyers? Can they do this?
Author
Discussion

garycat

Original Poster:

5,039 posts

230 months

Monday 6th April 2009
quotequote all
I've had a letter today asking that I volunteer to take a 5% pay cut. If I don't agree, then I will get notice of termination of my current contract and a new one will be negotiated.

I got the letter today and have to respond by tomorrow.

M3CHA-MONK3Y

6,095 posts

215 months

Monday 6th April 2009
quotequote all
Don't know if it's legal but ring up work and get it checked out.
If it is, take the cut, your company sounds like its struggling a bit and looking to save some pennies to keep the whole thing ticking over.

Fish

4,051 posts

302 months

Monday 6th April 2009
quotequote all
Exactly correct as I am asking all my staff to take 10%. You have to agree to take a detrimental change to your contract. If you don't then the company have to formally dismiss you and offer you a new contrcat at the lower rate.

You are able to take them to tribunual for constructive/unfair dismissal but in reality it may not be the best thing to do!!

Pesty

42,655 posts

276 months

Monday 6th April 2009
quotequote all
Fish said:
Exactly correct as I am asking all my staff to take 10%. You have to agree to take a detrimental change to your contract. If you don't then the company have to formally dismiss you and offer you a new contrcat at the lower rate.

You are able to take them to tribunual for constructive/unfair dismissal but in reality it may not be the best thing to do!!
Dismiss or make redundant?

Sounds a bit out of order take a pay cut or you are sacked.

V6

3,780 posts

241 months

Monday 6th April 2009
quotequote all
Pesty said:
Fish said:
Exactly correct as I am asking all my staff to take 10%. You have to agree to take a detrimental change to your contract. If you don't then the company have to formally dismiss you and offer you a new contrcat at the lower rate.

You are able to take them to tribunual for constructive/unfair dismissal but in reality it may not be the best thing to do!!
Dismiss or make redundant?

Sounds a bit out of order take a pay cut or you are sacked.
Not redundant because the position is still needed, albeit at a lower cost.

Out of order to save the company?

Scraggles

7,619 posts

244 months

Monday 6th April 2009
quotequote all
so am lucky to get a 2.5% pay raise and new company car ?

As for the OP, great idea to tell them to stuff it, but how about getting another job first smile

paddyhasneeds

62,274 posts

230 months

Monday 6th April 2009
quotequote all
Pesty said:
Fish said:
Exactly correct as I am asking all my staff to take 10%. You have to agree to take a detrimental change to your contract. If you don't then the company have to formally dismiss you and offer you a new contrcat at the lower rate.

You are able to take them to tribunual for constructive/unfair dismissal but in reality it may not be the best thing to do!!
Dismiss or make redundant?

Sounds a bit out of order take a pay cut or you are sacked.
Would you rather take a 5% or 10% pay cut, or risk a 100% pay cut?

Sounds flippant but seems to be the reality out there in some sectors.

garycat

Original Poster:

5,039 posts

230 months

Monday 6th April 2009
quotequote all
Thanks guys....

I guess it's not really the economic climate to play a game of brinksmanship with my employer.

At least I still have a job (for now)

bigburd

2,670 posts

220 months

Monday 6th April 2009
quotequote all
One of the companies I work for have raised the issue of a 0% salary increase this year, and the unions are up in arms because the company has made good profits and feel that the company are simply using the economic climate to make more profit (money for shareholders). Many of the contractors have been asked to take cuts of 10-20% and some who haven't have opted to work less days so that they are on a retainer.

I have seen this reflected in the salaries/rates agencies are offering, it is very difficult to determine if it is the agency trying to pull a fast one, or their client - they may however genuinely be trying to forecast for the next 12-18/24 mths to ensure you all have jobs at the end of it.

Do you take the cut and still run risk of redundancy coupled with getting lower payouts if laid off? Do you negotiate? Increase your redundancy entitlements, benefits, payouts if you think the business can stand it? Offer to work less hours? etc etc

Look at all the options

Funk

27,185 posts

229 months

Monday 6th April 2009
quotequote all
Does the re-negotiation of contract have implications in terms of how long you've been 'employed'? For example, would you lose out on any redundancy pay as you would be deemed to have been on a non-continuous contract?

To give you such short notice seems very pressured and somewhat strong-arm tactics, regardless of the requirement to 'save the company'.

DanL

6,560 posts

285 months

Monday 6th April 2009
quotequote all
garycat said:
I've had a letter today asking that I volunteer to take a 5% pay cut. If I don't agree, then I will get notice of termination of my current contract and a new one will be negotiated.

I got the letter today and have to respond by tomorrow.
Are you an employee or a contractor? If you're an employee, I'd be very surprised if they could enforce a pay cut under threat of termination of contract.

On the other hand, if you're a contractor then I presume that they can terminate your contract with whatever notice period is written in to it. After that they may offer you a new contract at reduced rate or not offer you a new contract at all...

That said, a quick Google turns up this: http://forums.moneysavingexpert.com/showthread.htm...

Balmoral Green

42,554 posts

268 months

Monday 6th April 2009
quotequote all
So, should this be in 'Business' or 'Jobs'?

V6

3,780 posts

241 months

Monday 6th April 2009
quotequote all
Balmoral Green said:
So, should this be in 'Business' or 'Jobs'?
It is about the OPs job, so my guess would be.....Jobs

Funk

27,185 posts

229 months

Monday 6th April 2009
quotequote all
V6 said:
Balmoral Green said:
So, should this be in 'Business' or 'Jobs'?
It is about the OPs job, so my guess would be.....Jobs
Disagree. It's not asking for or advertising a job.

Scraggles

7,619 posts

244 months

Monday 6th April 2009
quotequote all
company I work for is service based, the team I work on services the biggest client, there are people who are going to have to move jobs or go on 3-4 day week and other options to keep in work.

company knows that the skilled people are the best thing they have and if they get rid of too many, then not good for when the work picks up

johnfm

13,717 posts

270 months

Monday 6th April 2009
quotequote all
bigburd said:
One of the companies I work for have raised the issue of a 0% salary increase this year, and the unions are up in arms because the company has made good profits and feel that the company are simply using the economic climate to make more profit (money for shareholders). Many of the contractors have been asked to take cuts of 10-20% and some who haven't have opted to work less days so that they are on a retainer.

I have seen this reflected in the salaries/rates agencies are offering, it is very difficult to determine if it is the agency trying to pull a fast one, or their client - they may however genuinely be trying to forecast for the next 12-18/24 mths to ensure you all have jobs at the end of it.

Do you take the cut and still run risk of redundancy coupled with getting lower payouts if laid off? Do you negotiate? Increase your redundancy entitlements, benefits, payouts if you think the business can stand it? Offer to work less hours? etc etc

Look at all the options
company in 'make more profit' shocka!

What do you think a company's objectives are? To make more money for the employees?

The shareholders are the ones risking their capital.

spikeyhead

19,345 posts

217 months

Monday 6th April 2009
quotequote all
johnfm said:
bigburd said:
One of the companies I work for have raised the issue of a 0% salary increase this year, and the unions are up in arms because the company has made good profits and feel that the company are simply using the economic climate to make more profit (money for shareholders). Many of the contractors have been asked to take cuts of 10-20% and some who haven't have opted to work less days so that they are on a retainer.

I have seen this reflected in the salaries/rates agencies are offering, it is very difficult to determine if it is the agency trying to pull a fast one, or their client - they may however genuinely be trying to forecast for the next 12-18/24 mths to ensure you all have jobs at the end of it.

Do you take the cut and still run risk of redundancy coupled with getting lower payouts if laid off? Do you negotiate? Increase your redundancy entitlements, benefits, payouts if you think the business can stand it? Offer to work less hours? etc etc

Look at all the options
company in 'make more profit' shocka!

What do you think a company's objectives are? To make more money for the employees?

The shareholders are the ones risking their capital.
A company will make less profits if it pisses off its amployees.

In such circumstances, a quarterly profit related bonus would make a lot of sense.

johnfm

13,717 posts

270 months

Monday 6th April 2009
quotequote all
how s it pissing of employees to suggest a 0% payrise rather than sacking a bunch of them?

Unless nobody has noticed, their is a global and local reduction in demand for nearly every commodity and service on the planet - except debt collecting and insolvency work - anf filling in MPs expense forms.

Workers really don't understand, capital can be quite mobile. If investors are not getting a return and have the choice, they will move their capital somehwere more profitable.

edc

9,453 posts

271 months

Tuesday 7th April 2009
quotequote all
So the company made a good profit ... do the employees have a firm grasp of where that money is going to be spent? What if the company sales slide and they then don't make a profit? What if the profit only covers previously existing liabilities? One might suggest that the company is being cautious but well-run ...