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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47875
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I am an assistant manager. The actual manager recently

Customer Question

Hi,
I am an assistant manager. The actual manager recently had an operation and was absent on sick leave for 3 months. During this time, I was expected to take on his role with no other help from higher management. I asked for a pay increase for this period, and have been refused as in my job description, one of the Key duties//responsibilities is to assume the role of manager in the managers absence.
The key purpose of my role states 'To supervise and HELP manage the overall department operation'.
Are they legally allowed to do this with no extra wage for?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
JACUSTOMER-qhx4bd0f- :

Hi Ben,I have worked there for 12 years

Ben Jones :

Hi, it is certainly possible for an employer to ask you to do a different job, even at a higher grade, and not pay you anything extra for doing it. There are a couple of ways they could go about this – they could ask you to undertake the additional duties under a clause in your contract which could expect you to do this f the need arises; or they could offer you the opportunity to do this on the terms that they offer you and then leave it up to you to decide whether you want to do it or not. The issue is that in your case your contract specifically states that you can be asked to undertake the duties of a manager in their absence and that is something that would be covered in your existing job and in the rate you get paid at present. It is extremely unlikely that you can use anything in law to be able to demand a pay increase for taking on these additional duties I’m afraid. This is not an uncommon thing to happen in the workplace and the employer can cover themselves by having such clauses, just as in this case.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

JACUSTOMER-qhx4bd0f- :

No thats fine. Thank you for the response. I was more curious than anything.

Ben Jones :

you are welcome, all the best