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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 3543
Experience:  solicitor
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Hi, Early this week my manager informed that they have decided

Resolved Question:

Hi,
Early this week my manager informed that they have decided to restructure the job role/positions in the company. Which is affecting me. Am currently bar supervisor and they informed from 28th of October it will change to head barista and with the demote also comes a pay decrease. Are they allow to do that without any previous consultation? I have been in this position for about 3 years.
On Thursday coming I have a meeting with HR head about it.
Thank you very much.
Submitted: 10 months ago.
Category: UK Employment Law
Expert:  jaccorps_esq replied 10 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Where is your job located?
Customer: replied 10 months ago.


In London. I work for Tate Catering

Expert:  jaccorps_esq replied 10 months ago.
Ok. You inadvertently placed this question in US Employment law.

I can transfer this question to UK employment law, but that will take some time. Honestly, I think that you will receive faster service if you open a second, new question in UK Employment Law and allow me to have this question closed.


Customer: replied 10 months ago.


But now I have paid already. Can I open a new question without placing a new payment?

Expert:  jaccorps_esq replied 10 months ago.
You haven't actually paid. You've simply placed a deposit which is still yours.

You can open a new question using that same deposit, as far as I am aware. I would wait to do so until after I close this question.

Regardless, I'm just thinking of a means to get you the fastest possible answer.

If you'd prefer to wait, I can certainly transfer the question.
Customer: replied 10 months ago.

I am happy if you can transfer the question then.


 


Do I get the deposit back? Thanks

Expert:  jaccorps_esq replied 10 months ago.
It is a deposit until you accept an answer and then it is payment.

I'll transfer the question. Please don't respond further, as that will slow down the process.

Once it is transferred another attorney will respond to you.

Take care.
Expert:  UKSolicitorJA replied 10 months ago.
Hello,

Your question has been transferred to the UK law category and I am an English Solicitor.

What your employer is proposing to do is to vary the terms of your employment contract by changing your role and salary.

Your employer should have consulted you about the proposed changes and it appears that they have not.

If there is no express clause in your agreement allowing your employer to change your role and salary unilaterally, then the following issues will apply:

1) you may agree to the changes and carry on working in your new role and salary;
2) you may negotiate with your employer before agreeing to any changes;
3) you may refuse to accept the changes and carry on working "under protest" meaning that you reserve your right to complain against the changes in the future;
4) you may refuse to accept the changes and resign from employment and consider bringing a claim for constructive dismissal.

This ACAS leaflet may help you understand the matter more: http://www.acas.org.uk/media/pdf/8/6/Varying-a-contract-of-employment-accessible-version.pdf

If you decide to resign, before doing so, I suggest you speak to ACAS or seek proper legal advise from a Solicitor.

Hope this helps. Please leave feedback

Customer: replied 10 months ago.

Thank you for your help.


I will carry on working with new role and salary and probably resing at the beginning of the year as I have holidays booked for end of year.


My line manager is having a meeging today with hr and he said he doesn't agree with their decision and will "fight" for me. I have a meetingon Thursday.


They havent consult me about the changes. They just gave me a letter.


 


Now I want to know how the payment procedures are? I paid deposit of £33. This amount will be taken off just once not every month, I guess.


Can you please made it clear?


Thank you once again

Expert:  UKSolicitorJA replied 10 months ago.
Hello,

I have noted that you will carry on working until end of year and that your line manager will fight your corner. You may wish to make it clear that you are continuing to work "under protest".

The money will be taken just once unless you have subscribed. I will only get paid when you leave positive feedback for me.

Good luck
Customer: replied 10 months ago.

Can I just say that I will carry on working "under protest" and have nothing written?


I assume I will need a new contract or a letter telling the changes on terms and conditions. Can I say that I want to be in my current position and be paid as such till I sign the new contract?

Expert:  UKSolicitorJA replied 10 months ago.
You may tell them that you will continue working under protest but it would be easier to prove if you sent them an email or letter saying so.

It all depends on what they decide to do, you should continue as normal until you are informed of any changes by them.

Please leave feedback as your queries have been answered.
UKSolicitorJA, Solicitor
Satisfied Customers: 3543
Experience: solicitor
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