Promoted now excluded from annual pay rises

[hanc]

Hello All,

 

 

I recently gained a promotion at work, all be it in title only.

I now have the title to cover the actual work and job I do and have done since starting with this company 5 years ago.

 

 

With this title change came a pay rise, a percentage increase on my previous salary.

 

 

I have been informed that due to this "Promotion" and pay increase that I will be removed from consideration in the annual pay rises.

 

 

The company also failed to process the changes in time to reflect on my last two months pays and have said that will backdate once complete.

 

 

Is it right, legal or fair that I should miss out on consideration due to the timing of this promotion.

 

 

This change led from our annual appraisal where I, again, voiced my displeasure at my title and inaccurate job description.

This is despite me returning all relevant documents etc within their given timescale.

[Emmzzi]

this year only, or forever?

[Bandit127]

And does this mean that you are now on a grade where that pay is performance related? If so, you will get a pay rise, but the amount (obviously) depends on your performance.

[fletch70]

Are there going to be pay rises this year, many companies still are not giving them or much of one.

 

It does TBH sound like the company I used to work for

[SabreSheep]

One thing people forget that unless their is a contractual term to the contrary employees are not entitled to any pay rise EVER (except where necessary to comply with statute such as minimum wage)

[hanc]

Emmzzi - I will be excluded for this year only.

 

Bandit127 - Our pay and pay rises are already performance related or at least linked to the outcome of our annual appraisals.

 

fletch70 - Unknown at this time. Salaries are currently under review with an announcement due this this month. We have had rises every year that I have been employed there.

 

SabreSheep - There is a clause stating that salaries are reviewed yearly.

 

The thing the erks with me is the fact nthat had my review been carried out on time (December) and this decision taken back then, I would be eligible & considered in this round of rises.

Had it not happened till after my next scheduled appraisal, I would have been in line for a rise (if there is one).

 

The change to my title is linked to a change in management who recognises the role performed went and still goes beyond the realms of my title.

 

Had it happened at a time that was not so close to the reviews, I firmly believe that I would not be excluded from them.

It is purely down to timing.

[SabreSheep]

Employee: Hi there boss. In my contract it says im due a salary review every year and you seem to have missed me.

 

Mr Boss Man: Oh so i did. Ok I am reviewing your salary right now. I have decided no rise. Good day.

 

 

summary. Review does not nessasarily equal raise.

 

 

ps. Im playing devils advocate here.

[fletch70]

Sabre

That happened to a group of us when they wanted us to move to a low basic and commission . We all refused and didn't get a payrise for 4 years

[hanc]

Employee: Hi there boss. In my contract it says im due a salary review every year and you seem to have missed me.

 

Mr Boss Man: Oh so i did. Ok I am reviewing your salary right now. I have decided no rise. Good day.

 

 

summary. Review does not necessarily equal raise.

 

 

ps. Im playing devils advocate here.

 

 

You know, I dont think I would mind that.

It is the fact that I am being excluded even for consideration that gets to me.

I dont see why their decision, not mine, to amend my job title should exclude me from consideration.

[SabreSheep]

I dont think its fair either.

But when the law allows the following to happen you have to wonder...

 

Case 1: The facts

 

Mr Fisher, who received a basic salary plus an unsocial-hours allowance, was promoted to a managerial post. It was custom and practice for anyone so promoted to get a minimum 5% pay rise. Although Fisher received a 5% increase on his basic salary, this did not take his unsocial-hours payment into account - so he was on less money after his promotion than before it. He argued that the unsocial-hours payment should have been taken into account as part of his salary.

The ruling

 

The Employment Appeal Tribunal (EAT) held that, although the result may be unfortunate, it was clear that the 5% increase established by custom and practice related to basic pay only. The unsocial-hours payment had always been referred to as a separate entitlement and not part of the basic pay, and there had been a deliberate decision during negotiations to keep them separate.

London Underground v Fisher UKEAT/0104/04

[hanc]

I have heard many a similar story up here in and around the oil industry regarding offshore bonus payments and such like.

As they are classed as just that "Bonus" payments so therefore do not constitute part of the basic salary.

Pretty common.

[Ganymede]

But you got a pay rise along with your recent promotion.

 

You'll be eligible for a review next year so don't get greedy.

 

Most private sector workers have had their pay frozen since the recession started 6 years ago.

[hanc]

I don't think I am being greedy for maybe wanting to be at least considered.

 

 

My promotion was change to job title only !

This was to reflect the duties that I actually perform and have done for the years I have been with the company.

Would that not make you think you had been underpaid all this time ?

 

 

When the pay rises are announced, they are across the board.

It may only be the amount that changes between individuals.

 

 

A Little discrimitive is it not to exclude me is it not ?

I never asked or applied for this change it was offered out of the blue by the company.

[Emmzzi]

1.It was your choice to do above and beyond your job gratis all that time. Maybe consider assertiveness training?

2.you could say no to the promotion. There is always a choice.

 

It's only for a year; get over it. No one is out to get you. There's no discrimination in the legal sense of the word.

[fletch70]

I can see why you might feel hard done to but I am afraid that in the real world these days you are always expected to do more than your role expects if you want to get on. People are rarely promoted because the company think you may be able to do it, they get promoted because they are already doing it.

 

Overall I assume that

1) You are better off

2) You are on a better pay grade

3) You have a more senior job title

All those things are good for you should you want to progress, move companies etc etc so I am afraid you need to suck it up and carry on