Employer Reduced Salary Without Agreement?

[badhorsey]

One of my friends was asked by his employer if he would take a 12% drop in salary during the crisis. They were only asking this of employees above a certain salary band, and they said that it would be paid back after the crisis was over.

They gave him a letter to sign - which he didn't sign. He asked a number of questions - how would it be paid back, what would mark the end of the crisis etc - feeling that what they were suggesting was an open-ended change to his T&Cs to give them, in effect, an interest-free loan.

They didn't get back to him but he's just found out that they've actioned the pay cut (according to his latest payslip) without his consent.

This is illegal, I think - what's the best way forward for him? He's had no disputes with his employer up until now.

Thanks!

[fiction-factory]

What does he want the outcome to be? Is he the only one who refused or received a cut?
Does he not believe the company feels the change is necessary for them to survive?

[fiction-factory]

How much notice was he given? Could be seen as an unauthorised deduction so unlawful. Is he in a union? Is he prepared to resign (go for constructive dismissal) over it?

[bednobs]

Going for constructive dismissal won't be any good if the company goes under and no longer exists ff

[fiction-factory]

That's where I'm leading to, bednobs.
We need to know how far he wants to push it.
Many would say it's a reasonable offer if the firm is genuinely struggling- better than furlough/laid off

[Tuvok]

Perhaps innoncently say they have made a mistake as he did not sign the letter and then see what they say.....

[Old_Geezer]

He should just point out that it hasn't been agreed to, so isn't permitted, and they still haven't answered his questions. He has a reasonable concern.

Worth considering if he'd rather be furloughed instead. It may be in his best interest to accept the drop anyway, given the present situation.

[Old_Geezer]

Plus he may want to be seen as having the company's interest at heart after the present problems are in the past.

[Peter Pedant]

standard way of appealing that he hasnt had his full pay to his empoyer and THAT should get him over the time that the courts are closed

this if they have actioned it wivvart consent is "an unlawful deduction of wages" - which is the category of employment law he should google

but he has to go down the 'is this is a mistake - I didnt agree to it' path before he goes to court AND exhaust local remedies

this is a standard way - and Chris will probably give you chapter and verse. The only wiggly bit is that the courts are closed until 24th June and the empoyer MAY be aware of it

[Peter Pedant]

// Going for constructive dismissal won't be any good if the company goes under and no longer exists ff//

far too early and would fail at present - because 98% action for constructive dismissal fail - but none of the facts are present and the claimant has to do a bit of spade work ( exhaust local remedies) before hand
actually off hand I dont think it would ever be consturctive dismissal

[Peter Pedant]

we had this at work
the ancillary staff took the empoyer to court (EAT) CMFT and got a decision about unlawful deduction ( no costs )
the medical staff applied for a High Court declaration. The EAT was heard first and the hospital then paid the costs for the doctors action - costs recoverable ( high court see?) of £250 000

discussed historically here

https://www.theanswerbank.co.uk/Law/Question1606100.html#answer-11496167

note in this one the FACTS are different

[badhorsey]

Thanks for all the answers. He's been with the company for a while and doesn't really want to jump ship at this stage - but he's not happy about what is essentially an unauthorised change to his contract.