Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Does the employer know you are in the wrong pay band and have they said anything about it?
There are a couple of relevant factors here that would impact on your rights. One is what were you promised at the time of the promotion. If the promotion was advertised with a specific salary, your employer only referred to that and there was nothing at all at the time to indicate that you were due a higher salary, they could argue that this is the contractually binding pay band for you as it is was your promotion was based on and what you had always thought was your pay for doing this job.
However, if the banding is centrally allocated and the employment follows a defined pay banding system that applies to everyone and which is governed by specific workplace policies, you may argue that these should apply to you in the circumstances and that the employer has no real choice over the banding you should get and that as soon as you were promoted you were automatically entitled to the pay band that the policy entitles you to. You can also use an argument the analogy that had you been accidentally overpaid by being placed in a higher band that what you should have been in, the employer would have had the legal right to try and reclaim these overpayments and that the same should apply top you in the circumstances because technically you have been underpaid all this time.
you can indeed raise this matter with the employer to ask for another look at the contract and reconsider the current arrangement. Whilst you may think justifying your job is not something you should do, if you can find some factors that would strengthen your case then you should take every opportunity to give yourself as much chance as possible to ensure this works in your favour so you have little to lose by doing so, if you can
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