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If I get demoted from my team leader position will I lose my enhanced pay rate?
I think I am about to be demoted from my team leader position. I get an enhanced rate of pay. If I do get demoted can my employer take my enhanced rate of pay from me?
Much will depend upon the terms of your employment contract. Assuming that the contract is silent on this question we need to ask why you are being demoted? If you filled the team leader's position temporarily, for example because the normal team leader was absent on maternity leave, then any enhancement that you received as team leader can be stopped once you resume your former position. If you are being demoted because the team leader's job no longer exists a redundancy has occurred and once again your salary can be reduced provided that the necessary procedures for a redundancy situation and the offering of alternative positions has been followed. If you are being demoted because of capability issues, we need to ask whether the necessary disciplinary procedure has been followed? If it has your employer probably can reduce your salary.
If your employer has acted in breach of your employment terms, you can resign and claim damages for unfair constructive dismissal but you should think carefully before taking such a step particularly if you do not have an alternative job to go to.
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