I've been told by one of our clients that she has goven someone a payrise and this month she wants her wage going back down to what it was before due to the employee announcing that she is pregnant.
Generally it would have been legal to reduce the salaries of employee's (provided not below the minimum wage) if such were due to a legitimate business reason. They can also increase the hours without increasing the pay which is effectively the same thing.
Of course a lot will depend on what is contained within the contract of employment.
However.... No matter what it states in the contract you cannot reduce wages due to age, race, religion, jury duty, whistle blowing, pregnancy... sure that you get the general gist or what is not acceptable.
The employer could be looking at a nasty run in with an employment tribuneral if they pursue this course of action, but please advise them to seek legal advice on the matter rather than listening to me.
kind regards,
Shaun.
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Shaun
Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.
We agree again Steve... This is becoming habitual :)
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Shaun
Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.
If someone has been given a formal pay rise (in writing). Then would expect that to reduce pay back down would be on something like performance level or lesser hours working.
If the reason for the fall is due to the employee annoucing they are pregnant then I would advise your client to seek professional legal advice as i am sure that the employee will be doing this if that is the reason they have been given for their pay falling.
Thanks everyone. As an agent would you advise the client that what they are doing is wrong? If they insist that the payroll is processed as they say would we be in trouble? Or does it have nothing to do with us?
I wouldnt advise them what they are doing is wrong and would just process as they ask. Dont see how you can be in trouble for processing the payroll as you are requested. If there is anything wrong it is unlikely the employee will come to you given you processed the payroll. I expect they would go to their employer first. Though would advise them casually to seek professional legal advice as to what they are doing is legally correct.
At the end of the day i expect you arent privy to seeing all the contracts of employment and even if you were would you be able to advise them from a legal view what is right and wrong. I know I wouldnt.
