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HiI am in a dispute at work regards XXXXX XXXXX and back

Customer Question

Hi

I am in a dispute at work regards XXXXX XXXXX and back pay

I believe I have been performing duties of a job role higher than what I had been paid for nearly 10years

A decision was made to regrade me to the next range and be placed on the highest point of that range - however I was only offered two years back pay (not 10)

I appealed this decision - and the regrade and two years was revoked in its entirety

Now my employers are stating that I have been acting up since 2003 but therefore only entitled to one increment higher than what I have been paid

I had no agreement in place beforehand from my employers to state I had been acting up (and this has appeared out of thin air)

I looked at the local acting up policy and it states it has to be agreed in advance

I also looked at the national pay award that govern my job role via the JNC and it clearly states 1) Duties and Responsibilities determine PAY (not Qualifications) & 2) workers temporarily Undertaking higher duties are awarded full pay

I believe my employers to use a spurious understanding of acting up and paying me one increment for 8 years is unethical and unfair. I believe it is a breach of my employment contract.

Can you please let me know if my employers are correct and fair in their application of acting up?

I believe they are not and therefore can you suggest the best way for me to seek a fair decision.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

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.

JACUSTOMER-sxe9b1zd- :

Since 1997

JACUSTOMER-sxe9b1zd- :

But my dispute is about my role since 2003...

JACUSTOMER-sxe9b1zd- :

Prior to 2005 pay was determined by having a qualification

JACUSTOMER-sxe9b1zd- :

In 2005 it changed to Duties and Responsibilities determining pay

JACUSTOMER-sxe9b1zd- :

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

JACUSTOMER-sxe9b1zd- :

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

JACUSTOMER-sxe9b1zd- :

I believe I should be regraded to highest incremental point and provided back pay since 2003

Ben Jones : Thanks for clarifying. So do you believe that the employers have followed the exact procedures in making you act up or is here anything to suggest that these procedures were not followed and as far as you were concerned this was a permanent change?
Customer :

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

Customer :

prior to 2005 - Pay was determined to be set by qualification

Customer :

after 2005 - pay was determined by duties and responsibilites

Customer :

i made my employers aware in 2012 - that pay is determined by duties and responsibilities and they changed the local pay matrix

Customer :

however in July 2012 - they regraded me to the higher point of 18 but only provided me with two years back pay

Customer :

as i appealed that decision - they revoked the offer at appeal meeting in August 2012

Customer :

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

Ben Jones : Ok a lot of this is highly specific to your company and unless I knew exactly how the process of regrading and acting up worked, as it also appears to be rather complex in nature. I cannot advise if what the employer has done is actually correct. There are some very specific rules here, such as increments, etc which would be unique to this employer and not something that one can easily advise on without knowing how the full procedure works
Customer :

my local acting up policy states - agreed beforehand and for a period of 12months

Customer :

this was never the case

Customer :

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

Customer :

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

Customer :

the difference in increment is approx £750 - whereas 4 increments is in the region of £2500

Customer :

my employers base it on £750 x 8 years; whereas I base it close to £20k

Ben Jones : Ok I do not believe that I am in a position to advise on this issue without knowing the exact details of how the policy works so will have to opt out and allow a colleague to deal with this if they can. As mentioned this is a very unique procedure thatyou appear to be subject to and this is really something that needs to be resolved by someone who can check the full procedure and see whether it has been followed
Customer :

fair point -

Ben Jones : I don't want to just give you general and basic advice
Customer :

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)

Ben Jones : Ethical is not the same as legal, an employer can be unethical but that does not mean what they do is illegal. Hence we return to the main issue of legality and to determine that the above points would still apply
Ben Jones : So I will have to opt out unfortunately and leave this open for other experts if they can help
Customer :

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)

Customer :

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

Customer :

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)

Expert:  Ben Jones replied 1 year ago.
Unfortunately the answer to your question is not a simple yes/no and I reiterate again that only someone with detailed knowledge of the applicable policies and rules on this can provide advice. I do not have this necessary detail to be able to do so. This question is now open to all other experts to deal with if they can
Expert:  Wendy-Mod replied 1 year ago.

Hello,

I’m Wendy, and I’m moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I was checking to see if you had already found your answer or if you still needing assistance from another one of the professionals?

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Taxes, Cars, Finance, Law, to Home Improvement, and more.

Thank you,

Wendy

Customer: replied 1 year ago.

Hi Wendy


 


I assumed another professional would be answering my query

Expert:  Wendy-Mod replied 1 year ago.

Hello,

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.

Best,

Wendy

Customer: replied 1 year ago.

Thank you

 

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)

 

Kind regards

 

Expert:  Wendy-Mod replied 1 year ago.
Thank you for the additional information. When a professional is able to answer your question, they'll ask you for any additional information they need.

We will continue our search.

Regards,
Wendy
Expert:  Fran-mod replied 1 year ago.
Hello again,

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.

Thank you,
Customer: replied 1 year ago.

I am happy to wait

Expert:  Fran-mod replied 1 year ago.
Thanks for your patience while we continue our search.
Expert:  Wendy-Mod replied 1 year ago.
Hello,

I'm sorry to say we have exhausted all our efforts at this time to find the right professional to assist you with your question.

While we were not able to assist you with this question, please keep in mind that JustAnswer has multiple categories, from Health, Pets, Computers, Taxes, Cars, Finance, Tax, to Home Improvement, and more, to assist you with any question you may need answered.

At this time, we can offer you two options. You can choose to either have us return your good faith deposit back to its original funding source OR you may keep your deposit in your JustAnswer account to use for a future question.

We hope you will consider us again in the future.

Thank you,
Wendy
Customer: replied 1 year ago.

Hi


 


If u can return the original fee paid I would appreciate that

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