When can my employer change my salary?

Your salary, or the way it is worked out, will usually be written into your contract of employment. This contract is binding on both you and your employer, and it cannot be changed unless you both agree. However, the terms of your contract can say that there can be certain changes to your salary. But even where a change in salary is allowed under your contract, your employer can't avoid paying you the national minimum wage, or force you to agree to being paid less.

If your employer alters your salary in a way that breaks your employment contract without you agreeing to it, you may be able to resign and then claim that you have been constructively dismissed' (that is, you were forced to resign). The only alternative for your employer would be to end your original contract, dismiss you and then immediately rehire you on new terms. But your employer would have to give you enough notice and meet any other obligations in your contract about terminating your employment. If you believe this is unfair, you may be able to make a complaint of unfair dismissal to an employment tribunal.

.: How many hours can my employer make me work?

Your employment contract or written statement of terms should tell you your normal working hours. However, as well as providing for annual holiday, the working Time Regulations say that you should not work more than 48 hours a week on average, unless you have agreed in writing to work more. If you have signed a form saying you will work more than 48 hours a week, you can change your mind, and say you no longer want to do this, by giving your employer up to three months' notice.

.: What rights do I have if I work part-time?

New regulations, called the Part-time Workers (Prevention of Less Favourable Treatment) Regulations, came into force in July 2000. The purpose of the regulations is to prevent part- time workers being treated less favourably than full-time workers. Part-time workers may only be treated differently from full-time workers if the treatment can be properly justified. An important point is that the regulations apply to a wider category of workers than just employees. This means there may be people (such as a contract workers) who are not covered by other employment legislation (such as the law on unfair dismissal) who will be protected under this legislation.

.: How do I know if I am 'part-time'?

The regulations describe a part-time worker only as someone who is not a full-time worker. It will usually be clear whether an employee works full or part-time by comparing the hours that people work in the same organization. The new regulations mean that part-time workers on a pro rata basis (scaled down according to the hours they work) must receive the same:-

• Rate of pay.
• Promotion and training opportunities.
• Sick pay and maternity benefits.
• Access to company pension schemes.
• Entitlement to annual holiday, health insurance, subsidized mortgages and discounts; and
• Parental leave and career-break schemes.

An employer can ignore these regulations only if they can justify treating part-time workers less favourably. However, when they first start work, part-time workers are not entitled to the same overtime rate as full-time workers. They have to have worked the same number of hours that a full-time worker has to work to get overtime rates.