UK Employment Law
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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.
But my dispute is about my role since 2003...
Prior to 2005 pay was determined by having a qualification
In 2005 it changed to Duties and Responsibilities determining pay
I was therefore assimilated to highest point of lower range (when I should have been assimilated to lowest point of next range and therefore received increments each year until 2006 when I would be on top of the that range
My employers state instead I have been acting up (without an agreement ever being in place)and have offered me just one incremental higher since 2005
I believe I should be regraded to highest incremental point and provided back pay since 2003
Basically i was frozen on point 14 since 2003-2012 (due to not having a qualification) but I was undertaking the higher roles of 15 to 18
prior to 2005 - Pay was determined to be set by qualification
after 2005 - pay was determined by duties and responsibilites
i made my employers aware in 2012 - that pay is determined by duties and responsibilities and they changed the local pay matrix
however in July 2012 - they regraded me to the higher point of 18 but only provided me with two years back pay
as i appealed that decision - they revoked the offer at appeal meeting in August 2012
now they are offering me back pay since 2005 - but on the premise I had been acting up since 2005 - but this back pay is only on increment 15 and remains at that u[p to present day
my local acting up policy states - agreed beforehand and for a period of 12months
this was never the case
my employers i believe are exploiting the acting up policy by stating that i have been acting up for 8 years simply so that they can only pay me one increment
if i had been placed on the higher range of 15 to 18 in 2003, then in 2004 i would be on 16, in 2005 on point 17 and in 2006 on point 18 up until present day
the difference in increment is approx £750 - whereas 4 increments is in the region of £2500
my employers base it on £750 x 8 years; whereas I base it close to £20k
fair point -
but in your expertise/knowledge - is it ethical for an employer (local authority) to state an employee has been acting up for 8 years (without any knowledge from both parties)
i ask then - is it legal for an employer to state to an employee that he has been acting up for 8 years plus - (when previously there has been no mention of this whatsoever in the dealings since i first raised my concerns in November 2011)
ironically - a decision was made to regrade me to highest point on the scale - but as i attempted to appeal the length of back pay - the whole offer was revoked
and now - my employers are stating that i have been acting up (without any formal documentation every being completed or an informal communication to say so)
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Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
I need to know if its legal for my employers to state that I have been acting up (without it being stated anywhere before) as no written documentation have been signed and no informal discussions taken place
Also is it legal for my employers to state that during acting up I can only be provided with one increment solely for 8 years (though the duties and responsibilities I have worked have an increment awarded to them each year up to 4 increments)
I am seeking a regrade of being placed on 4 increments higher than what they have offered me and back pay to be from 2003 (as that is when I first performed the higher duties and have continued to do so since)
I am happy to wait
If u can return the original fee paid I would appreciate that
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