Promoted but pay not discussed with me first

[DazLFC]

Hi,

I'm new to this site, but really need someone's help here. I've recently been promoted to a job within the bank i work for, after completing a secondment and successful interview. I was advised I had got the job and that I would receive feedback about my interview. But to my horror this week, I have found that my employer has already advised HR of the wage I will be on and that I had accepted job, when I have not even had a discussion/negotiation about my new salary nor have I even formally accepted any job offer or signed any paper contract.

As the wage is substantially less than what I had thought, and as I would never have accepted this had it been offered (p.s role never advertised the salary either, just the salary band), I feel that my employer has gone behind my back and accepted a job offer on my behalf without discussing it with me.

I also know that my predecessor was on a higher wage than the one which i was placed on, and I feel insulted and angry about this.

I now feel like walking out on my position that i was at the time over joyed to get promoted to, and I know for a fact that as the only person in my position this would leave the company in turmoil due to many organisational changes at this time.

Can someone please advise me of my rights, and if any, the action I can take against my employer for this betrayal

[honeybee13]

Hello and welcome to CAG. I was just about to log off, but thought I'd let you know your message has landed. With luck there will be some night owl caggers who will offer you advice.

 

To me, and I'm not an employment guru, it sounds dodgy that nothing is in writing. The company may have its own procedures on this, and it would be good to get hold of a copy if you don't have one, but I would have thought there would be a written offer.

 

A friend of mine likes to quote 'If it's not in writing, it didn't happen', but I stand to be corrected....

 

HB

[mariefab]

Is the wage within the salary band that was advertised?

[DazLFC]

Hi Guys,

 

Thanks for your replies, and I just want to touch on a few points to answer your questions.

The salary is the lowest figure on the salary band, and it is lower than my predecessors wage, who was only in the position for 6 weeks, and was even offered more money to entice her to stay on.

Secondly, the girl who was interviewed after me, told me that when she asked what the salary was, it was over £1000 more than what they put me on (as I say, without confirming it with me first)

The band itself was not illustrated correctly, e.g there's A standard, A Higher and A Premium. This was just positioned as A.

 

The job role in itself stipulates that for every one of a person in my position, there should be 5 Team Leaders, but there are in fact 10 Teamleaders and 50 more people than specified in my role, yet Im expected to work at lowest possible wage.

 

I feel insulted also, in that I am a business graduate, more than qualified for the role, have had no training, and picked the job up very quickly by self teaching.

 

My main gripe is, how dare they process a job offer, announce that I am the new person in that role to everyone in bank, and they haven't even discussed wage or feedback from my interview to confirm my acceptance of such first.

 

I know from comments they made that I excelled in my interview's, both business line and competency based, gaining top marks in some areas.

 

I am now looking into sexual discrimination as the two people who were offered more money and who were in the position before me,were both women, and it was 2 women who interviewed me...although I'm not sure this makes a case.?

 

I will discuss this with my union also, but any guidance you guys can keep giving me is really appreciated

 

p.s any time I've ever asked anyone else about the salary for this role, or state what they have put me on, they clam up and refuse to discuss it, as if something to hide or they are afraid to...is there a way I am legally entitled to find out my predecessors exact salary to improve my case?

[honeybee13]

Guys, is it grievance time or not? HB

[kwaks]

People will not discuss the salary as I expect it is in the contract to do so is gross misconduct, certainly it is in most contracts I have had.

 

Are you sure that the salary has been fixed at this lowest rate? Sounds to me like they have simply pencilled you in for the job and need to dot the is' and cross the ts'.

 

Until you have a new contract in front of you to sign I would maybe back off a bit.

[DazLFC]

Hi,

I'm not so sure discussion of your salary, which has gone on in almost all places I've worked, constitutes gross misconduct, as this would contravene a simple liberty of free speech.

I do appreciate what you have said about the contract though, I'm just not sure how to play it from here.

The mere fact I make is that they have gone behind my back in processing a salary to HR which has not been discussed with me, nor have the terms of any pending contract, for me to negotiate or decline. Its my right to have the choice to do this. Surely its a breach of any employer's responsibility to its staff, not to tell them what salary they are to be on before they get paid...how then can we dispute our wage packet if we do not know if its wrong or right?

[honeybee13]

I agree with your thought process, but I don't know how it's covered by employment law, sorry.

 

Have you checked out the directgov or ACAS websites to see if they help? Or you could ring the ACAS confidential helpline and see what they say.

 

HB

[Conniff]

You could mention it around the office that you won't be accepting the position at the salary they have imposed, or if you are on good terms with your boss, you could ask in a casual manner 'when are we going to discuss the salary to go with this promotion'.

[DazLFC]

Hi,

In reply to both the above comments, I have done both now to be honest.

The girl I spoke to in ACAS didn't seem to be bothered, you know, that telephone tone that tells you 'god I wish I wasn't here today'...her only suggestion was I raise a grievance, which is really the last port of call for me, as I want to progress my career and don't wanted it sidelined by a grievance against my Sales Manager

Secondly, I did politely speak to another Sales Manager who attended my interviews and asked 'when someone was going to give me feedback about my role and how I go about getting my salary discussed and my promotion put in place with HR'....her response was 'oh, its all already been done for you commencing the start of the month,' then she brought me to her laptop to show me that the other Sales Manager had emailed HR with my salary update, and this is where I found out I had been processed at the lowest level possible, and less than that of my predecessor and that which my co interviewee was told was the salary.

I think the Sales Manager who showed me the email, assumed I had agreed to this, hence the reason for showing it to me, but all this in fact did was make me angry that no one had spoken to me or discussed any contract/salary negotiations with me.

So I then approached her again that evening after a moment to settle down, and politely said to her, 'I'm a little shocked that this has all been processed as nothing re:salary or contract has been discussed with me as I was promised they would be'...she then said 'you're kidding', then said she'd look into it and get back to me....but since then she's not mentioned it, and is avoiding it in my opinion. Its now a week after that conversation

[Conniff]

Don't be shy, go see her again and ask if there has been any update. If you don't assert yourself, you will stay as you are.

If the pay isn't much above what you were getting you could also say that 'you would hate to have to relinquish the post'.

[zippygbr]

Hi,

I'm not so sure discussion of your salary, which has gone on in almost all places I've worked, constitutes gross misconduct, as this would contravene a simple liberty of free speech.

 

the problem arises when there is no salary structure , progression or collective bargaining and therefore starting salaries ,progression and cost of living rises are replaced with 'negotiation' which is then deemed commercially confidential