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Help - More Potential work without any raise or promotion, what are my rights?


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Hi,

 

I am after some advice here.

 

I work in a finance team of 3 consisting of myself (Assistant Accountant), an Accounts Payable Clerk and a Finance Manager. The Finance Manager has fallen out with the company and has been signed off work for 2 weeks with work stress but I expect this is going to go on longer. There is an ongoing legal case between the manager and company ongoing as well which makes things worser.

 

If it does and in the interim, the company expects me to pick up the finance managers workload on double the stress and on my salary and no more extra (which is expected as they recently made a few people redundant and have given people increased workloads with no additional pay except for a few managers), then what are my rights?

 

Will I be expected to do this? - My contract says you will be required to undertake such other duties temporarily or on a continuing basis as may reasonably be required of you, commensurate with your grade in the company.

 

I have no appetite to do those extra duties on my current job title and current salary as despite being promised a promotion for meeting objectives and going beyond duty they were passed off by management last year and i received nothing to account for it.

 

However, none of these additional duties I may be expected to do or coming my way feature in my job description and are quite advanced even though i could quite capably do them, could I then go and ask them for an increased salary, and if they say no, raise a grievance against them?

 

Would that be upheld or would they dismiss it, then following from that, would I have a case at the employment tribunal?

 

All thoughts and similar experiences are much greatly appreciated.

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You can ask - but you have no right to a payrise, and you can't appeal a grievance to an employment tribunal. And personally, I would just ask and put the case - I would no way submit a grievance about this. You have said that the tasks are easily within your capability, so asking you to take on more work (which is pretty much what a lot of employees are having to do, one way or another) is not unreasonable. Your reason for refusing is that you don't want to unless they pay you more. That is not a reasonable argument. So they could dismiss you for refusing to obey a reasonable instruction - and that would probably be fair provided they follow a fair process to dismiss.

 

I would also observe that if the company is already making redundancies, you would conceivably be saving them money if you give them grounds to dismiss you for refusing to follow a reasonable instruction.

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I have been in a similar situation once, where i took on a higher paid role, during a very challenging period. E.g major IT change, extra work created. I negotiated with my line manager a temporary salary increase for the difference between my grade salary and the higher grade role salary i was being asked to do. Then at some point this arrangement was reviewed, because the budget for the department only allowed x no. of salaries to be paid at the new rate i was on. This included managers off sick or on maternity leave.

 

I can remember talking with my manager who wanted to convert my increased pay to a 'development opportunity', without the extra. Obviously i told them nicely, that i was happy with the extra pay and would not be changing this, pointing to legal insurance i had which covered employment disputes. I then remained in the job with the extra pay for a few months, before managers returned from maternity changing the temporary arrangement. I then moved to a different department and was promoted.

 

Others on here such as Sangie are more knowledgeable on employment law. I would say check your employment contract very carefully. Exactly what higher level tasks are you reasonably expected to perform at your current role level. If the tasks are beyond what it expected, then if this continues for any length of time, you should be paid at the relevant higher pay rate.

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how long is "temporary"? Is salary based on a graded structure and if so have you aksed to be regraded?

lasty, is the finance manager male and you female? that last point may raise the hackles of some but unfortunately discrimination can and does occur. If grading structure is quantifiable then it will be easy to see what salary you should be on providing you have the necessary qualifications. That also raies the point about a qualifications bar.

You also say "workload" more of the same is not equal to a higher grade so be very clear on what is not within of your grade boundary and only falls into a higher grade. Undoubtedly somone has assessed the roles and scored them somehow so politely ask for the information in writing. Grade should be assessed on the highest scroing bit of your job not the lowest or average, even nuclear scientists do a bit of cleaning down of their labs on a regular basis but the cleaners never get to press the button that could obliterate the planet!

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My employment contract states the two following clauses:

 

1) You will be required to undertake such other duties temporarily or on a continuing basis as may be reasonably required of you, commensurate with your grade in the company.

2) Variation of Contract Terms: The company reserves the right to vary the terms of your contract from time to time. In such circumstances, reasonable notice will be served and the appropriate consultation process followed.

 

Temporary at my work place certainly means on an ongoing basis until further notice, that could typically be until they appoint someone new or make a decision on whether they want to promote me permanently or not, they are not the fastest and can take beyond a few months to make any kind of decision here.

 

Salary is based on a graded structure and I have asked for the last 2 years to be regraded but they have denied it each time and found reasons to prevent it being so when they have been cost cutting behind the scenes but then finding reasons to give management rises. They have rebuffed my attempts at finding out what salary ranges qualify for the grades which run from F being lowest to A being top, with me being an E and wanting to go into a D with my experience.

 

The finance manager is a male. The workload expected to fall onto my shoulders will be that of a finance manager who sits in grade D while I sit in grade E. His duties are to approve and carry out and conduct where as mine is to assist with in all aspects even though I have been punching above that for years now.

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finance manager male, OK what about you?

You apply for regrading when your job shows a significant permanent change or if the job was incorrectly graded in the first place. There is precednt for regrading a job if a conparator can be found, either an individual or a group and that is what the long running dispute at Fords was all about with the female machinists making the upholstery being recognised as having similar skill sets to the male production line workers (probably actually higher skills neded but that is by the by)

So get a copy fo the grading structure and its methodology and get a form and fill it in going through each point to see where you score and then what grade your job falls into. Just asking to be regarded isnt the way forward, putting in your application with your own job evaluation is.

temporary is still temporary so tying the grade and the current situation is not really the right approach. You could ask for an honorarium and that will probably get looked upon more favourably as it is an admission that it is not a premanent change and the company can pay it without tax implications so they save a few quid on NI etc.

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