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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50148
Experience:  Qualified Employment Solicitor
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If acting up to a higher grade should you get all additional

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If acting up to a higher grade should you get all additional benefits associated with the higher grade? For example would you be entitled to any additional holiday entitlement normally associated with the higher grade in addition to the difference in pay?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.can you tell me how long you are covering on this level and the nature of your work please.
Customer: replied 2 years ago.
Hi Ben,
I was employed as a grade 4 project assistant (admin role), and subsequently acted up to cover grade 7 project manager. The acting up pay was backdated to my start date and lasted about 18 months.
I now have a perm contract as a grade 7 project manager. On my new contract I noticed grade 7 staff get additional annual leave of 4 days per year (27 days) but I had only been getting 23 days per year.
I am wondering if I was entitled to the higher annual leave allocation while acting up.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
Many thanks for your patience. You would not automatically be entitled to the benefits that others in the equivalent to the acting role get. It all depends on what contract you are working under. It is entirely possible to have several people doing exactly the same job, who get completely different benefits, including pay, holidays, bonuses, etc. There is no right to be treated equally just because you are doing the same job. The equality laws are only concerned with acts of discrimination. This is for example where the reasons for the difference in treatment is due to a protected characteristic, such as gender, race, religion, etc. So let’s say the women that do this job were getting paid less than the men, then that would be discrimination. But if there is a mix of people and there are no identifiable discriminatory reasons for the difference in treatment, then the employer is free to treat these employees differently. It follows that you could be acting up in a job and get different terms than others who are doing the same job. It depends on what was agreed between you and the employer at the outset and if you were given a contract which entitled you to such benefits. If no such agreement or contract existed then you would only be paid what was agreed. Had there been a centralised contract for a specific job where all employees doing that job were entitled to certain benefits then you would be able to argue that you should be entitled to the same. However, if there is no specific agreement in place and it just happens that the employer has decided to give these benefits to certain individuals in that job, you would not be able to claim these benefits too.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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