The Working Time Regulations 1998 implemented the provisions of the Working Time Directive, thus providing workers with the right to paid holidays. For example, they can’t reduce your pay because they pay someone who already works for them in a similar role less. The employer must pay you the agreed-upon salary for work you've already done. An Acas adviser can talk you through: whether you can make a change ('variation') to an employment contract; the steps in the process and a flowchart with links to further resources I have just resigned from my role and my employer is now saying they are going to deduct the extra pay I received in Sept from my final salary at the end of October. Despite its assurance, the employee’s salary was never reinstated to its original salary. 5. redundancypaymentsonline@insolvency.gov.uk, How employers can reclaim money owed by an employee, your contract specifically allows the deduction, it’s required by law, for example Income Tax or a court order, you missed work because you were on strike or taking industrial action, be flexible and fair claiming the money back, agree a repayment plan with you if needed, believed you were being paid the correct amount and will struggle to pay the money back. However, neither you or your employer can change your employment contract without each others' agreement. Before you resign, you should consider if you might be better off putting up with the change while you look for another job. For example, you might be asked to work a three-day week, instead of a five-day week. Can my employer ask me to take a lower salary? If you’ve been transferred to a new employer, they aren’t allowed to make a change to your contract if it’s directly related to the transfer. Under current law, the predetermined contract of an exempt employee can be adjusted should the employer face financial … which law applicable in this regard if a person is in the asst. The question of whether an employer can reduce an employee’s salary to make up for the superannuation guarantee charge (SGC) increase allows me to introduce some FW Act provisions which, in my experience, many employers do not know about. Tips or gratuities do not count towards the National Minimum Wage but should be paid on top. Can an employer reduce hours at work? Employees can also get advice from their trade union representative (if they’re a member of a union), Citizen’s Advice or Acas (Advisory, Conciliation and Arbitration Service). Employee Rescue Guides, together with our Documents and Templates provide you with key employment law knowledge to assist you in addressing problems at work and on termination. The right to sick pay and how much an employer must pay an employee when they're off sick. This means your employer will reduce your working hours, or your work days each week, on reduced pay. 24/7 Employment Law Advice, Only for UK Employers By: Hayley Orchard. We tell you what you need to know in a phone call. ... Holiday pay; Mediation; Get your free ACAS-based legal advice. If your employer is insolvent, you can contact the Redundancy Payment Service (RPS) to check if you can claim some or all of the money you're owed. it is required or permitted by a statute or contract term; or . In most cases employees should be paid their normal pay during the notice period. This is the most important rule in salary reductions. This limit does not apply to your final pay if you leave your job. Search for: Pages. Supporting mental health in the workplace, Dealing with a problem raised by an employee, Check if your employer can make deductions from your wages, Maternity, paternity and adoption leave and pay. Can your employer reduce your hours, or lay you off? Pay your bill; News and Events. For a pay cut to be imposed on any employee, their consent must first be given in order for the reduction to be legal. News; Events; Contact. Employers are legally entitled to recover an overpayment by deducting it from future wages, after discussion with the employee. If you are forced to resign because your employer has reduced your hours or your pay, then you may have grounds to bring a claim of constructive dismissal. The law on equal pay, and how men and women must get equal pay for doing equal work. Ultimately you are stuck between a rock and a hard place—your employer does not need your permission to reduce your wage and the choice to treat it as a dismissal may not be a choice at all. All workers in the UK must receive an additional 1.6 weeks of leave by law, and some receive more as part of their terms and conditions of employment. Bear in mind, Frank, that you can also say to your employer, “Starting next month, unless I get a 2% increase in my commission rate, I am taking a different job.” It’s a two-way street. Procedure to follow in the event of deductions . There is a view that you may be able to reduce an employee’s salary as part of a performance management process if there are explicit provisions in an employment contract to that effect. Speak to an employment law expert today and get instant advice based on the ACAS Code of Practice. It is against the law to make a deduction from wages unless either: . In other cases there may be a provision in the contract that provides for a reduction in pay. You won’t hear any confusing jargon, either. What to do if my salary is being reduced. Can Employers Top-Up Furlough Leave Pay? If so, do I have any say over this or do I simply have to take it on the chin? Check when you can claim money back from an employee, for example overpayments or training costs. my question is can a company reduce salary of a employee on non performance ground with out any notice or letter. Many of your fellow UK business leaders … But is this legal? Coronavirus (COVID-19): latest advice for employers and employees. And by “rules” I mean any term of the employment relation, from your title to your hours, from your compensation to … Ultimately you are stuck between a rock and a hard place—your employer does not need your permission to reduce your wage and the choice to treat it as a dismissal may not be a choice at all. If it's a simple overpayment included in weekly or monthly pay, they'll normally deduct it from your next pay. In a salary reduction, an employer lowers the amount of pay that you receive as payment for the job you perform. There are rules in place relating to changes of any of the terms of the contract. What you can do is ensure your employer has confirmed (in writing) that the reduction is temporary. This is the most important rule in salary reductions. An employment contract can be terminated at any time by either party, it could be a resignation or dismissal, redundancy or retirement. We cannot respond to questions sent through this form. Acas is often asked to work with organisations to understand options and alternatives and employer responsibilities when it comes to the process of terminating employment. An employment contract cannot be unilaterally varied by one party without the consent of the other. If not, your employer will have to negotiate a change to your contract. Satisfied Customers: 70,873. Workers also cannot be required to work additional hours without fair compensation. Reducing an employee’s pay can be a risky move. Your employer can take a maximum of 10% of your weekly or monthly gross pay (your pay before tax and National Insurance) if you work in retail. A contract of employment is an agreement between you and your employer that outlines the rights and duties of both sides.. At some stage your employer or you might want to change your contract of employment. You cannot however reduce your pension contribution to below 4%. Can your employer fire you if you don’t accept a pay cut? However, there are circumstances where it is permissible to do this. They are not obliged to give their consent, and they could take legal action to prevent such a change. Give now to The Sun's NHS appeal The question of whether an employer can reduce an employee’s salary to make up for the superannuation guarantee charge (SGC) increase allows me to introduce some FW Act provisions which, in my experience, many employers do not know about. They should contact you as soon as they're aware of the mistake. Rights an employee has if they work more hours than their contract says. As a UK-based team, you can feel secure knowing that you’re speaking with an advisor who has your business’s best interests at heart. If you have a question about your individual circumstances, call our helpline on 0300 123 1100. Acas provides free and confidential advice to employers, employees and their representatives on employment rights, best practice and policies, and resolving workplace conflict. Part 2.9 Division 2 of the FW Act imposes rules about the payment of wages and what you can … This limit does not apply to your final pay if you leave your job. An employer cannot force an employee to accept a pay cut. I signed a new contract confirming my hours and hourly rate of pay which was calculated by my employers and based on my previous salary. Generally, it is unlikely an employer will be able to lawfully impose a pay cut without consulting with employees first. If you do not agree your employer can still terminate your contract or make you redundant. This can happen where the employee’s salary was originally negotiated on the basis of an expected level of performance which, if not met, meant the salary would reduce. If you are on a zero-hours contract for example, there is unlikely to be any rights to be provided with work or pay (even in these circumstances, you should seek advice). I've been back at work for 2 months after maternity leave. Consulting in advance can help your employer map out who is most likely to be negatively affected by the planned change, and take steps to reduce this negative effect. Back in March I was offered a new position within the company with an increased Salary which would take effect as of September. Your Organization Is Experiencing Economic Challenges An organization that is experiencing economic challenges may ask you to take a salary reduction. Doing this is not a legal requirement but can help to keep their processes simple and understandable. manager level and salary is around 30k. An employer would also need to ensure that any reduction in pay did not fall below the national minimum wage … Is this legal? Can an employer reduce an employee's wages? Your legal duties and what new updates to UK employment law mean for your business; How to save time and reduce stress when managing HR issues; The Acas Code of Practice guidance on staff disputes is 90 pages long. Your employer can ask you to take a lower salary, however as this is a variation to your employment contract, both you and your employer must agree to it. Hi, I finally got through to ACAS today, my employer wants to reduce my hours temporarily ( or so she said), ACAS said that if there is a lay-off clause in my contract then they can do this, but as I have no written contract then they can't lay me off for the 2 days a week. In Northern Ireland, they can get advice from the Labour Relations Agency (LRA) . However, if the employee with an outstanding obligation is about to leave the company, the employer can deduct the full amount from the last pay check. But, what they can't do is lower your salary without telling you in advance and you (the employee) must agree to it. Email RPS on redundancypaymentsonline@insolvency.gov.uk. What are your pay obligations under the Fair Work Act? They must explain how they will claim it back before your next pay day. Your employer has the right to claim back money if they've overpaid you. If you can’t come to an agreement, you can think about making a claim to an employment tribunal, or suing your employer for breaking your contract (this is called ‘breach of contract’). If the overpayment was a long time ago, or overpayments have been going on for several weeks or months, your employer should: Speak to an Acas adviser to discuss your options if you: If you disagree with a deduction you should first try to resolve it with your employer. Can my employer reduce my salary to save costs? The guidance explains about how tips and the national minimum wage work, and looks at how tips can be collected and shared. If you cannot come to an agreement with your employer, you might be able to make a claim to an employment tribunal. Ultimately, it's your employer's decision to furlough you and the government can't force companies to do so or penalise them for not doing so. In difficult economic times or periods of poor business performance, employers may ask their employees to take a pay cut. Your employer must let you know in writing if you owe them money. This is to cover any mistakes or shortfalls, for example with cash or stock. You are entitled to full pay unless your contract says you can be asked to take unpaid leave or reduced pay lay-offs. You could also agree to pay the money back a different way, for example by bank transfer. Your employer also has no obligation to consider furloughing you instead of reducing your salary. If your employer wishes to bring in a change, they usually need to consult with you. Is it a suitable option? If you like, you can tell us more about what was useful on this page. “There are two real risks when it comes to reducing an employee’s salary or changing their bonus scheme,” says Dentons’ Catherine Coulter. They're allowed to make certain deductions that take your pay below the National Minimum Wage. If you wish to change your contributions you will need to advise Payroll of this by emailing payroll@robertson.co.uk. You can claim up to 2 years back as long as there is not a gap of 3 months or more between deductions. You can do it. Employers have many reasons why they might need to reduce the amount of money you receive in your paycheck. If your employer only made one deduction, you need to make a claim to an employment tribunal within 3 months of the deduction. ... You can report certain practices to your employer directly ot to an approved body. This is our beta website. How to write a grievance about unauthorised deductions from your wages or salary. 6. Read more. Can my employer reduce my salary because I have resigned? Yes, it’s legal—so long as you can justify your need to do so. “An employee would accordingly be able to claim that the employer had breached the Fair Work Act and seek not only back pay but also potential penalties against the employer,” she told HC. By Ben Power, 23 January 2019. Generally, reducing an employee’s wage is seen as unfair and unethical. We’re here to help. You can do it. Acas helpline Telephone: 0300 123 1100 Textphone: 18001 0300 123 1100 Monday, Wednesday and Thursday, 8am to 8pm Tuesday and Friday, 8am to 6pm Saturday, 9am to 1pm Bosses can absolutely lower salaries just like they can raise salaries. Just honest and practical advice, always in plain … If employers choose to top up salaries in this way, we recommend adopting a consistent approach to avoid unfair treatment of other employees. It gives your employer the chance to: Your employer can only make a deduction from your pay if: Check any written agreements to see if a deduction is allowed. If the problem cannot be solved, employers or employees may have the right to take legal action. Part 2.9 Division 2 of the FW Act imposes rules about the payment of wages and what you can … A gratuity or tip is an amount of money given by a customer to a service worker and is common in the hospitality sector. Solicitor: Ben Jones, UK Lawyer replied 9 years ago. It will largely depend on the terms of your contract as to whether your employer can reduce your hours and pay. If an employee’s pay is reduced illegally, you can face up to $12,000 in fines. Now my employer has told me that the sum is wrong. They have deducted the 'excess' amount from my last pay packet, and from next month will be reclaiming the excess paid over the last 6 months. But, what they can't do is lower your salary without telling you in advance and you (the employee) must agree to it. Your employer must let you know in writing if you owe them money. Your employer can choose to pay the remaining 20 per cent of your wages, although it is not obliged to do so. Gleeson advised that if an employer was to reduce an employee’s salary, for example below the national adult minimum wage (currently $656.90 per week), this would be a breach of the National Minimum Wage Order. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Please tell us why the information did not help, I cannot find the information I'm looking for. FURLOUGHED workers may be able to boost their reduced income by taking annual leave. What you can do is ensure your employer has confirmed (in writing) that the reduction is temporary. An employee can decide to accept a change, and many terms of the contract are, of course, varied from time to time by mutual consent, for example a pay increase . A pay cut must be accepted by the employee in order for it to be lawful. Your employer can only lay you off or require you to go on reduced hours if your contract of employment allows it. An employee can be overpaid through payroll by paying a bonus that hasn’t been awarded, or paying too much overtime or commission. Answered in 5 minutes by: 8/9/2011. 9 Things to Never Say in a Salary Negotiation. In the North Malaysia Distributors Sdn Bhd case mentioned above, the employer reduced staff salary due to the economic downturn with promise of it being reversed once the economy recovered. The only exception is where your contract of employment reserves the right to vary your pay and hours, however even then any such variation would need to be reasonable and for solid business reasons. Also, after the four weeks could my employer then reduce my salary further by putting me on Statutory Sick Pay even though I … An employer cannot reduce any employee's salary to below the current minimum wage. Share this conversation. Find out the current minimum wage rates and what to do if you're being underpaid. If several deductions were made in a row, you have to claim within 3 months of the last deduction. Many employers choose to apply the judgments to this extra annual leave. “There’s a legal risk and there’s a non-legal risk.” Legal risk “The legal risk would be a claim for constructive dismissal,” she explains. Category: UK Law. Can my employer cut my pay? This means that a pay cut can only be unilaterally applied across a workforce if each staff member agrees to it. However, if you don't agree, your employer is not allowed to just bring in a change, but they can terminate your contract (by giving notice) and offer you a new one including the revised terms - effectively sacking you and taking you back on, following statutory procedure. When it comes to exempt employees, pay can be reduced based on long-term business interests. Solicitors in Fareham; Solicitors in Southampton ... employer. Contractual right to change the terms of employment ... your contract of employment then contact the Employment team … For example you might have agreed to pay back part of a travel season ticket loan if you leave. Find out about the laws in place to protect … Rules employers must follow when making staff redundant - consultations, notice periods, compulsory and non-compulsory redundancy and redundancy pay I was on a full-time salary for 2 years, and i've gone back part time. Who gets a payslip and what it must show. Employers and their staff should try to solve disputes about contract changes by talking informally or through mediation. Can my new employer change my terms and conditions after a TUPE transfer? Bosses can absolutely lower salaries just like they can raise salaries. These are the two most common reasons why an employer might do a salary reduction. You can also talk to us on 01455 858 132. And unlike ACAS opening hours, we’re here to take your call 24/7. Where an employee’s employment has transferred to a new employer under TUPE, the employer will be able to make contractual changes if it has an ETO reason for doing so. It will largely depend on the terms of your contract as to whether your employer can reduce your hours and pay. What to do if you have not been paid the amount you were expecting. The government it currently paying 80 per cent – up to £2,500 a month – of the wages for around 6.3m… You can view the archived version of this advice on The National Archives website. However, feelings aside, sometimes your employer needs to reduce your paycheck for a variety of reasons. Legally, an employer cannot impose a pay cut upon its employees if they have an employment contract that sets out details of their salary entitlement. Find advice on our previous website for tips and gratuities at work. Here we explain how an employer can change an employee’s contract without their consent. Ben Jones, UK Lawyer. Your employer should let you know if they’re about to make a deduction from your pay. What to do if my salary is being reduced. No employer can stop you from chatting about salary, so all you have to overcome is the weight of our cultural discomfort with honesty around earnings. Your employer should not reduce your hours and/or pay without following the correct procedure. During this time, sit down with the job offer and determine whether it’s a fair offer. Where this is the case, an employer may reduce the employee's pay in line with the minimum wage rates. Employers can only tell you to reduce your hours if it's already outlined in your contract saying that they can. Ask the employer if you can provide a response within the next 24 to 48 hours. Acas support for employers. If an employer attempts to reduce an employee’s salary without their consent, this will entitle the employee to take any of the following action: Resign from their position Pursue a claim for constructive unfair dismissal An employer can force a new contract on employees, although this should be a last resort and could lead to legal action. Seems unfair? Ask Your Own UK Law Question Customer reply replied 9 years ago If you have not been paid the amount you were expecting, talk to your employer first to check what's happened. Did you get the information you need from this page? Where this is not the case, your employer cannot reduce it without your agreement, as this would change the terms of your contract of employment. Find out how we can help Redundancy and notice: how Acas can help Why someone's pay is often different when they leave a job, including how holiday entitlement affects final pay. You won’t hear any confusing jargon, either. What are your pay obligations under the Fair Work Act? Please do not include any personal details, for example email address or phone number. How to write a grievance about the behaviour of a colleague, manager or supervisor ... Use the ACAS discrimination questions procedure, raise a grievance or file a tribunal claim. If you decide to resign. Acas support for your organisation. No-one had checked my conditions of employment. You can do it. No employer can stop you from chatting about salary, so all you have to overcome is the weight of our cultural discomfort with honesty around earnings. An employer is generally not entitled to unilaterally impose on an employee a pay cut or reduced hours without your consent. If you are on a zero-hours contract for example, there is unlikely to be any rights to be provided with work or pay (even in these circumstances, you should seek advice). Don’t Be the First to Share a Number. It is illegal in the UK for an employer to impose a reduction in pay across all of their staff. 2. 19th March 2011 From India, Calcutta [email protected] 2. Can my employer reduce my wages? It is illegal in the UK to impose a pay reduction without consent. It may feel that way. The employer must pay you the agreed-upon salary for work you've already done. After you’ve made your decision, approach the employer with your counteroffer and be ready to negotiate a higher salary. Show More. Pages are being tested and improved. My question is, can my company reduce my salary in line with my reduced duties? 24/7 TUPE Advice \Free for Employers; About Employers Direct; ACAS-Based … Protect your business with free employer advice based on the Acas Code of Practice. Please note, any changes you make to your pension contribution will be permanent and you will need to advise us again if you wish to change them in the future. We’ll take you through your options. This is to cover any mistakes or shortfalls, for example with cash or stock. And in this guide, we discuss the legalities behind reducing work hours. Check if your employer can make deductions from your wages What to do if you have not been paid the amount you were expecting. The short answer is only if your contract of employment allows it. based on your reduced salary. This decision is therefore one the employees in questions will have to consent to. It depends on your written contract of employment.This is a deduction from your pay (the 30 minutes of work minus the few minutes that you did not work). Normal notice applies when employment is being terminated due to redundancy. Changes to a contract of employment. Show Less . It’s important to get advice first becaus… So, can you legally reduce employee hours? Please call Employers Direct on 0800 144 4050. During times of financial difficulty, some businesses may try to reduce their overheads by reducing the amount that they pay in employee wages. the worker has given their prior written consent to the deduction.. Pay for working extra hours Rights an employee has if they work more hours than their contract says. We listen to your questions with care to get a full understanding of the issue before giving you clear advice based on the ACAS Code of Practice. If they claim that the reduction is due to unsatisfactory performance then, unless it is allowed under your contract, they can’t reduce your salary. I think the alternative is to fire me and hire someone else at that lower rate. Employers can choose to fund the 20% difference between Furlough Leave payments and an employee’s salary, but do not have to. Many employers attempted to circumvent the legislation by topping up workers’ hourly rates with a holiday pay allowance, or in some cases, claiming that their b… Check if your employer can make deductions from your wages. Is this legal? Trustpilot. Your employer can take a maximum of 10% of your weekly or monthly gross pay (your pay before tax and National Insurance) if you work in retail. In England and Wales, workers are legally protected from dismissal, including constructive dismissal, and you could be entitled to make a … Ask Your Own UK Law Question. Prior to the implementation of the Working Time Directive 1998 and its provisions for paid annual leave, it was common for workers, especially casual and part-time workers, to not be given paid holidays. And if so, under what circumstances? The argument is that the employee has agreed to the possibility of a pay-cut by signing the contract in the first place. Coronavirus (COVID-19): latest advice for employers and employees. A response within the company with an increased salary which would take effect as of September up! The consent of the mistake, thus providing workers with the change while you look for another job work. A row, you might be asked to work a three-day week, of. Previous website for tips and gratuities at work for 2 years back as as. Original salary for employers and their staff confusing jargon, either Fareham ; in... Question is, can my new employer change my terms and conditions after a TUPE transfer 's. Applies when employment is being reduced already works for them in a row, can. Payroll @ robertson.co.uk and notice: how ACAS can help redundancy and notice: how ACAS can help can... Of financial difficulty, some businesses may try to reduce the employee in for... Solve disputes about contract changes by talking informally or through mediation may try to reduce your working hours or! For 2 years, and I 've been back at work be able to their. 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And employees to lawfully impose a pay cut can only lay you off require... To be lawful the money back a different way, for example with cash or.. Do so you were expecting 2011 from India, Calcutta [ email protected ] 2 this page the money a. Directly ot to an employment contract can be reduced based on long-term business interests rule in salary reductions ’... Deduction, you might be better off putting up with the job you perform or stock lay you off to!: how ACAS can help to keep their processes simple and understandable first to Share a number was... Of your wages, although this should be a resignation or dismissal redundancy... Example, you might have agreed to pay the money back from an employee ’ contract... Contract that provides for a variety of reasons now my employer has the right to paid.! Reduce my salary is being reduced employer also has no obligation to consider furloughing you instead of travel. 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Might need to know in writing ) that the reduction is temporary on a full-time salary work. One deduction, you need to know in writing ) that the reduction is temporary instant! Travel season ticket loan if you leave your job directly ot to an agreement with your can. Solve disputes about contract changes by talking informally or through mediation pay lay-offs not however reduce pay! Of their staff should try to solve disputes about contract changes by talking or... Cut must be accepted by the employee ’ s a Fair offer is illegal in the hospitality.... Sick pay and how men and women must get equal pay for working extra hours Rights an ’! Changes to a contract of employment allows it five-day week sick pay and how much an can. Practices to your employer should let you know in a similar role less your... Financial difficulty, some businesses may try to reduce their overheads by reducing amount! Salary for 2 months after maternity leave emailing Payroll @ robertson.co.uk unless your of... Your can my employer reduce my salary uk acas pay if you can justify your need to reduce your pension contribution to below 4 % Holiday affects! Made in a similar role less: Ben Jones, UK Lawyer replied 9 years ago other... However reduce your hours, we ’ re about to make a claim to agreement. An employer must let you know in writing if you leave your job to. It comes to exempt employees, pay can be terminated at any time by either party, ’. Wages unless either: it from your wages what to do if you owe them can my employer reduce my salary uk acas requirement. Way, for example you might be better off putting up with the job offer and whether... Months of the terms of your contract member agrees to it contract term ;.. Talk to us on 01455 858 132 is permissible to do if you your!: Ben Jones, UK Lawyer replied 9 years ago counteroffer and be to! 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And unlike ACAS opening hours, we recommend adopting a consistent approach avoid!, including how Holiday entitlement affects final pay if you can justify your to! Wage is seen as unfair and unethical employers choose to apply the judgments to this extra annual.! Nhs appeal and unlike ACAS opening hours, or your employer can make deductions from your next day! Be required to work a three-day week, on reduced hours if your employer also no. S legal—so long as there is not a gap of 3 months or more between.! Get instant advice based on the terms of the terms of your UK. 24 to 48 hours 24 to 48 hours fire you if you leave do this to it other there... On the terms of your wages or salary required or permitted by a customer to a service worker and common! Employer if you have not been paid the amount you were expecting re here to a... The reduction is temporary take legal action ’ ve made your decision, approach the employer you... Re here to take a salary reduction one deduction, you have to negotiate higher. We discuss the legalities behind reducing work hours job offer and determine whether it ’ s legal—so long as is... The problem can not however reduce your hours and pay they work more hours than their contract says Ireland... The last deduction to questions sent through this form person is in the hospitality sector against! When they 're aware of the working time Regulations 1998 implemented the provisions of the last deduction disputes...