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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47888
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my line manager has been off ill for the past 49 weeks and

Resolved Question:

my line manager has been off ill for the past 49 weeks and i have taken over his role for this time although i have been given an allowance for the extra reponsibility, i feel that i should be getting paid the full amount for the role or be given the position full time , i wonder if you could advise me how i stand from a legal point of view.
Submitted: 2 years ago.
Category: 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. firstly can you tell me how long you have been employed there please

Customer:

21 years

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Thanks for your patience. Legally you cannot demand that you are paid the full amount for the job or that you are given the position permanently. Just because someone else did the same job before you on higher pay does not mean you are also entitled to receive the same amount if you did that job. An employer is entitled to pay its employees different rates, even if they do the same job. What matters is what was negotiated with you at the outset, so if you were never promised the higher rate then you cannot claim that you should be entitled to it. There is no provision in law for equal pay for doing a specific job and this only applies if the difference in pay is discriminatory, for example because the reasons for the difference are related to gender.

In terms of getting the position given to you on a permanent basis, again this may not happen if it was always clear from the outset that you were only filling in on a temporary basis whilst the manager was away. You can only try and argue this has become permanent if the employer has started to make it clear that you are no longer filling in for the manager and that it is something which you are going to be doing permanently. So there has to be a clear intention on the employer’s part that you are no longer doing this temporarily and you may then be able to claim that this has become your permanent job through ‘custom and practice’. It will not work if the employer still considers you being a temporary replacement until the other person returns to work.

If you are unhappy with doing this job then assuming there is nothing in your contract which can allow your employer to ask you to fill it in the manager’s absence, you can argue that it is not something you can be expected to do and ask to be placed back in your original post. However, you could try and use that as a negotiating tool in reaching some sort of an agreement to get your pay increased or to get the post on a permanent basis.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

yes that clarifies my position . thank you

Ben Jones :

you are welcome, all the best

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