I have asked a similar question before but it is now more pressing and I hope someone can help.
I work in the third level sector but outside the HEA i.e. not a uni or institute of technology however we are linked to one of the uni's for our terms and conditions of employment.
Essentially the organisation, which is a not-for-profit, told staff that they were implementing a pay-freeze and would be looking for changes in work practices and a pay reduction. The business case for doing so is very weak - the organisation is doing well with a very small deficit recorded in the past year (<100k).
My contract of employment states that my salary will be reviewed on an annual basis. We currently have an incremental pay scale and to my knowledge this has always, without exception, been applied irrespective of performance to all qualifying staff, as is custom and practice in the sector. I had a review which was extremely positive and so sought to have my increment applied only to be told it was with-held.
My question is, can an employer with-hold an incremental payment? I know they cannot unilaterally implement a pay cut but what is the story with increments? I see this as tantamount to a pay cut given that it is enshrined in my contract of employment and has always been given to all qualifying staff.
I am not unreasonable - I would be open to a pay cut or changes in work practices to ensure employment however the company has failed to put forward a compelling business case and I suspect that it is using the downturn to undo some bad policies of the past. There is a union in the organisation however it does not cover all staff and I am not a member.
Any advice would be great or direction to relevant legislation or case law on this would be much appreciated.
Susan
I work in the third level sector but outside the HEA i.e. not a uni or institute of technology however we are linked to one of the uni's for our terms and conditions of employment.
Essentially the organisation, which is a not-for-profit, told staff that they were implementing a pay-freeze and would be looking for changes in work practices and a pay reduction. The business case for doing so is very weak - the organisation is doing well with a very small deficit recorded in the past year (<100k).
My contract of employment states that my salary will be reviewed on an annual basis. We currently have an incremental pay scale and to my knowledge this has always, without exception, been applied irrespective of performance to all qualifying staff, as is custom and practice in the sector. I had a review which was extremely positive and so sought to have my increment applied only to be told it was with-held.
My question is, can an employer with-hold an incremental payment? I know they cannot unilaterally implement a pay cut but what is the story with increments? I see this as tantamount to a pay cut given that it is enshrined in my contract of employment and has always been given to all qualifying staff.
I am not unreasonable - I would be open to a pay cut or changes in work practices to ensure employment however the company has failed to put forward a compelling business case and I suspect that it is using the downturn to undo some bad policies of the past. There is a union in the organisation however it does not cover all staff and I am not a member.
Any advice would be great or direction to relevant legislation or case law on this would be much appreciated.
Susan