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2.5k salary drop - legal?

6 replies

Levanna · 26/05/2004 09:20

Hi, my DH started to work for a company over a year ago, the salary was to rise according to the passing of certain exams. DH passed the first exam with flying colours, and so incurred the wage rise to go with it. The company say that his wages are linked to targets (unnotainable ones of course!). Though he hits targets much higher than anyone else in the company, the 'bosses' say that they aren't high enough and have threatened a 2.5k salary drop. This will take place next month, as I mentioned the targets they have stipulated are entirely unreasonable. His employers are aware that we are processing our first house buy, and we feel they are using this in that they know he can't afford to leave if they do this to him, but will have to put up with it. A 2.5k salary drop could be detrimental to our mortgage arrangements and place us in financial difficulty at present. Does anyone know what rights he may have?
(Or where to go for further advice?)
TIA

OP posts:
bunnyrabbit · 26/05/2004 09:54

Hi Levanna,
Sorry can't give advice but you might want to try the DTI

or the Citizens Advice

BR

Freckle · 26/05/2004 10:05

There are several angles here. If they seek to lower his salary, they are attempting to change the terms and conditions of his employment and they cannot do this without his agreement. However, in practical terms, that merely means that he can consider the contract to be null and void and leave - which I assume he doesn't want to do.

If they are setting him unrealistic targets, he is hitting higher targets than other colleagues and still being threatened with a salary drop, this might be construed as constructive dismissal. They are making it impossible for him to do his job for the salary agreed. Are other colleagues being threatened with the same drop in salary? If not, then they cannot dismiss him without risking a claim of unfair dismissal.

He has been there over a year now, so he has some protection through employment tribunals.

Having said that, he presumably wishes to stay there so the best option might be for him to discuss all this with his boss. Find out why he is being set these unobtainable targets, why others don't have such high targets and why he is being threatened with a salary drop if he is achieving more than colleagues.

littlemissbossy · 26/05/2004 10:18

Hi Levanna, you could also look at the ACAS site www.acas.org.uk for advice, you can download pay booklets and there are links to other employment sites as well HTH

eddm · 26/05/2004 10:25

is it his basic salary that is being threatened or a bonus? if basic salary then am sure you have a stronger case than bonus, although bonus can also be taken into account by a tribunal.

Levanna · 28/05/2004 22:27

Hi, sorry I didn't reply sooner (in bed with an ear infection !).
Thanks for your advice...I'll go over to those websites for more specific info now. It is his basic salary that's being threatened - something we are relying on rather than an extra on top of his wage. It's all quite annoying really, he actually changed to this job mainly for the financial stability of his agreed salary, particularly with the financial pressures we knew we'd be incurring this year (mortgage, etc). Really frustrating! But thanks for the info on where he could stand .

OP posts:
ChicPea · 28/05/2004 23:32

You know you can also ring AKAS and speak to somebody instead of just getting info from a website.
Have the targets moved as your DH is a high achiever and they think this will push him? What have they based his targets on? Is it the previous years' figures, and does he have access to these?
I presume he has a basic salary and this should not be affected by targets. As your DH has been employed for a year, he will know what he has achieved during that time.
Can he speak to those in authority about unrealistic targets? What about the targets of his colleagues selling the same product? He may have a case if a female colleague selling the same product has lower targets.
Anyway, food for thought. I wouldn't bother with CIB, they are volunteers and have to check the legal position, whereas the AKAS people are trained or are legal.
Good luck!!

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