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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6307
Experience:  10 Years of experience in Employment Law and HR
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I was employed by a large multinational UK company in May 2010

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I was employed by a large multinational UK company in May 2010 on a specific grade and salary. The company are now saying that my salary is outside of the pay band for that grade and under a realignment process I must be promoted to the next grade up, with the extra responsibilities that come with that grade and no remuneration increase, or take a salary cut to the top of the grade in my current contract of employment.
What are my rights from a legal perspective? If I don't agree with them can they force the change on me?
Hello and welcome to Just Answer, are you being given notice of a change in your terms and conditions of employment?
Customer: replied 4 years ago.
The company changed them in July 2012 but did not write to me as my contract dictates. They promoted me to the higher grade. I have still not been written to advising me when this took effect from or anything. What I need to know is if have to accept either the enforced promotion or reduction of salary.
Hello it is possible to change terms and conditions due to a mistake in grading. The employer should act reasonably though and give notice of a change and consult as to the changes.

As it appears that this has been forced upon you without notice or consultation you can argue it amounts to a unilateral variation of contract and is therefore unlawful.

You are entitled to raise a grievance about the way in which they have gone about this, although obviously they may just then go down the consultation and notice process they should have used in the first place.

In terms of the process they should demonstrate that you are on the wrong scale and explain the business reasons for changing promoting you without payrise or reducing the pay and ask your opinion. The employer should then give you your contractual notice to enforce the change.

If you have any questions please ask. if I have answered your question I would be grateful if you would give my answer a positive rating.

Thank you and all the best.
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