Tuesday Q&As

28.2.23

Grievance letter

In many of my answers I state that the complainant should raise a grievance with their employer. It is a process which all employers are expected to take seriously and investigate.

Writing the grievance can be daunting, but it is surprisingly simple. Just set out the relevant facts, in writing, and forward to your employer. I have drafted a very simple straightforward grievance template to get you started. Follow it and you have taken the first steps to resolving a workplace issue. It’s at the foot of the newsletter.

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Here are this Tuesday’s Q&As

• Unauthorised pay cut?

• Told to change working hours during notice period - Can they do that?

• Cancelling holiday at short notice. Can employer do that?

• Leaving without notice - Can my employer do anything towards me?

• Short changed on holidays

• Term time drivers and holiday entitlement

• Redundancy or TUPE?

• Non-payment for bank holidays over Christmas - Can they do that?

• Notice period not worked and pay withheld

• Overtime and holiday - should I receive enhanced holiday pay

• Grievance letter template

• Useful links

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Unauthorised pay cut?

Q. Hi can your pay be cut in half and they only tell you on pay day.

A. An employer cannot unilaterally reduce your pay without your agreement unless the reduction is provided for in your contract of employment. If your employer wants to make a change to your pay, they must follow a fair and reasonable process, which typically involves consulting with you and giving you reasonable notice of the change.

If your pay has been reduced without your agreement, you will have grounds to take legal action against the employer for breach of contract in the employment tribunal. If your pay has been reduced without prior notice, you may also be able to claim constructive unfair dismissal if the reduction is considered to be a fundamental breach of the contract of employment (you must have two years’ continuous service).

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Told to change working hours during notice period

Q. I have recently handed in my 12 weeks notice as per my contract. However, I asked my employer if we could shorten the notice period, to which they agreed. However, in return, they informed me that I would be asked to work evenings and weekends to train the next person as they "don't care." My standard manager contract states that my working hours are Monday to Friday, without any overtime.

My question is, can my employer legally require me to work evenings and weekends despite the fact that it is not specified in my contract?