Pay increase

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anon37f83jw

Evening all,

Our only member of staff has had a few salary increases and the letters to go with it. No other terms of his contract have changed and i'v issued letters.

My question is, does this mean his contract is void? Should we be issuing a new contract each and every time? Where do we stand legally.
 
M

myfairworld

Agree with adamcooke. I employ an apprentice and as her skills have increased I've made increases in her pay to match. I have changed her contract - with her agreement - on one occasion but that was because having passed her intermediate apprenticeship she'd gone on by mutual agreement to an advanced apprenticeship. Moving to the advanced apprenticeship meant a very significant change in her role and responsibilities and the contract was changed to match this.

But you don't change someone's contract because you increase their pay but because their role is changing. I suppose you might also change someone's contract if, say, they were employed full time and asked to go part-time and you agreed or maybe if there was an agreement that they should work from home when previously they'd worked at your business premises. I've never heard of anyone changing a contract simply because they were paying their employee more.
 
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locutus

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Jun 12, 2015
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From my personal experience, put it in writing an official e-mail what their new pay raise is, and get the person to respond back saying they agree. That way there is no dispute over the amount.

When I lived in New Zealand, I was advised by a colleague to get a new contract everytime the pay goes up, that way you are covered if anything happens. Unfortunately, that advice came way too late for me, and did not get a pay raise I was promised - they just changed the way they paid me holiday pay.
 
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anon37f83jw

Thank you guys - I did do a salary increase letter, to confirm the increase - what a statement, that none of this other other terms have changed.

We as a business have developed rapid and he has been doing other bits, that he wanted to do - to "learn" but this isn't what I want form him full time.

<removed>

When I asked him, to call me - if he wanted, he clammed up - he is a permanent employee and He's made me feel very anxious, I have a funny feeling his is going to leave and think he can do it without notice - so I've been to the office and restricted his access, macs, emails, crm, project management system. Changed his password on his PC. He has a key, you see - maybe It was overkill but i'm having to go in early as he making me feel un easy.

I'm at that point where i'm thinking of getting rid, he brings a lot of money but doesn't every want to seem to tow the line & this partially my fault, i've been very relaxed with him but now the business is moving forward rapidly, i've tightened my belt a little with him.

How would you handle this situation? I'm not so good at the empathy and understand stuff.
 
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Legally speaking, this is a change of contract - it's a change of the terms of employment (beneficial to the employee in this instance); it should even be done when the minimum wage is paid, and this increase is recognised in the pay.

However, it doesn't make the rest of the contract void. What is effectively happening is that the Statement of Particulars is being amended, and in accordance with section 4 of the Employment Rights Act 1996, clarification of this change (alone) is being provided. The documents that amend the rate of pay may not explicitly make clear that this is what is happening, but that doesn't matter: tribunals are pragmatic (or annoying) enough to recognise that a contract issued some years previously will still stand, even if the pay is no longer correct in the original document.



As for the notice periods, employers can encourage this to be abided by (and reflect conduct in any reference - mentioning this will be the case to any employees that might want to leave sooner than their notice allows), but it's very rare that an SME could or would find merit in enforcing this in a court, should the need arise.


Karl Limpert
 
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locutus

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Tell the employee that they might be best speaking to someone indepedent, such as CAB, if they still believe that their contract is void.

But, why not reissue him his contract, with the pay increased? Also, reminding him of his notice period during the reissuing might help you with your worries.

This no way official advice, just so you know, I'm not an HR expert.
 
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anon37f83jw

I just don't want the stress - I think reading between the lines, he's got in a tizz and a pickle and worried. When I offered to re-issue his contract, he said he wanted to "chat first" which is why I grew concerned.
 
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locutus

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Have you had this chat with him?

I would say something is 'bothering' him if he wants to chat before you reissue his contract... It would be something I would say if I had a beef, but that's just me. Could be nothing wrong with your employee, and actually just wants to clarify a few things with his contract or work...
 
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anon37f83jw

No, thats coming tomorrow - I'm certain he has got "beef"

I agree, he could want to just confirm, what is expected - however, on the other side of the fence, he didn't want to talk about it over the phone.
 
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locutus

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When I've had issues with my employers, I've always disliked explaining it over the phone. I think having a formal, face-to-face meeting is far more important.

From my experience, no matter how much you would prefer them to tell you then and there, their issues, pressuring/bullying them into telling you does not help the situation.

In my last job, I went off sick for a week, and I didn't handle it properly (to make a long story short). The owner was getting really pissed off why I wouldn't tell him why I was ill (none of his business), and why I apparently had said things to staff. He was getting very upset at me over the telephone, and it was basically making me feel even more not well, and not wanting to talk to him, or go back to work after my sick-leave.

Needless to say, there was fault on both sides, but if he had approached me in a calm, polite matter, in person, then the missunderstandings would have been greatly minimised. Eventually we did have a catch-up after my return, and while it was very good to talk to him, I just felt he dismissed everything I had to say.

My point of my story is, if you want this employee to stay, be calm, polite, and receptive to everything they have to say. Even if you think their complaints are not justified, record them, and have a think about what you can do to help this employee. It could be a simple misunderstanding.

Good luck, and let us know how you get on tomorrow.
 
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Employers can always make use of pay rises (including the minimum wage, if done effectively) - changes to the contract, terms of employment. If anything else needs to be changed at the same time, one can be conditional upon the other, and this often allows any changes necessary to be introduced without a fuss.

Of course, a good employment contract would allow for changes whenever necessary, but the wording of this is important, as recent case law has established.


This thread isn't such a case where there should be an issue, as [user] appears from the posts to have done all necessary, but something to consider when an employer is contemplating pay rises.


Karl Limpert
 
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anon37f83jw

Thanks for the advise - I guess as i've developed a close relationship with him and he's become a friend.. thats possibly my troubles.

I shall update when I know more, although I don't see it going well..
 
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anon37f83jw

I have an update for you all.

He came in this morning, i'd overnight locked down the IT system as I was unsure of his intentions, he advised me he wanted to leave, I advised, he would need to give 4 weeks notice as per his contractual obligations. He seemed to take offence to take and said "I'm leaving now" I said that was his choice and reminded him of his contractual obligation. He packed up his stuff & asked me if there would be any "legal" implications of him leaving, I couldn't advise what to do but reminded him of his contractual obligations. He's still adamant his contract is void, everyone i've spoken to said the same thing, it's not a legal requirement. So he left and has left me in a bit of a mess, i've spoke to my other director and I called him to see if we could "fix" it and his answer was no.

Along the way, we have issued him a letter reminding him of his contractual obligations and that he his required to work his notice.

i've also been advised to with hold his last few days of pay, not sure what to do her, so will need some careful thought.
Today, has been our busiest yet and we have found new new designers for the same price as this one, at the same level too. So we shall see how that goes.
 
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Hi [user]


I was going to post further (even drafted a reply), but then it occured to me that you use your business name on here, and your (ex-)employee could easily find the thread. If not a full member - when you could post in the private forums - it might be worthwhile trying to get the username changed, or get full membership, at least while this episode is live: it never helps when the other side can see your cards, and your employee could be searching for advice that would bring him here...


Karl Limpert
 
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F

FirstClassVirtualOffice

Some friend eh! You get these people that seem to think they can just ignore their contractual obligations when it suits. But whether you do something about it is up to you. At least, don't give him a reference and if he is some sort of designer, make sure he hasn't used your design/portfolio of work for his own benefit. Some of them take it wirth them but i'm sure when you are employed, your copyright of design work is owned by your employer if employed??
 
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anon37f83jw

It's been upsetting and caused some problems. He's been contacting suppliers, friends, customers etc - even our shareholder, who only came onboard on Monday. So that upset me

The artwork/design etc was created by us, so therefore belongs to us. He was employed by my Ltd Company, so he didn't like that I locked him out of the system. He seemed to think, it was "his artwork" even though I reminded him, he worked for a ltd company.

I've been working on my own for the last two days and it's highlighted to me, I'm better off and I feel positive about our future.
 
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locutus

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You are definitely better off without him now. He has burnt all of his bridges. Never do that with your soon-to-be previous employer.

It will be a difficult the next few weeks, but you will pull through it, and be glad once it's all over.
 
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adamcooke

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I'll echo what @john1989 said, he sounds like a pillock and you're better without him.

If you can prove any sort of loss of earnings due to the way he's using confidential information gained while working for you (customer/supplier lists etc..), then you could potentially look to take him to court for these. You could also do the same for any loss of earnings due to the fact he refused to work his notice period. Both of these are likely to cause you more stress and take your focus away from hiring a replacement and continuing to run your business.

If I were you, I'd be glad to see the back of him and would just let it drop at this point and move on with your business.
 
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anon37f83jw

Agreed. We are the better off without him.. I've realised I was putting my energies into a loss cause.

All I know is, we will push forward and are looking for a replacement but won't rush this process. I'm glad to see the back of him, the atmosphere here in the office, is so much more relaxed and chilled out. I've sent him a letter reminding him of his contractual obligations, which he has ignored, he's in a clear breach of his contract but going to court, he will just cause more drama, thats the kinda person he is. He's shown his true colours now and i'm relived he has gone.
 
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James MIller

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Holding an employee to their notice period is usually a pain and generally waited in the employees favour. A court would want to know how you have lost out and as you have already found other designers maybe you have not lost out. With regards to holding money unless you have this in your contract you could be making an unlawful deduction under their Employment a Rights Act. I would suggest just move on and focus your energies on your business and customers as that will bring you far greater rewards.
 
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locutus

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Do you usually issue new contracts to people who have completed their probation? It's probably best practice to get people who have completed their probation to sign a new contract confirming that they are not on probation any more, to avoid situations like this. They can argue (weakly) that they are still on probation because you haven't said otherwise.

Ask the employee to re-read the contract, and ask them do they still think they are on probation? If so why?

Do you have any e-mails or signed documents that the probation ended?

How long have they been an employee? If we are talking about a year or more, then they really don't have a leg to stand on.
 
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