Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What are your specific concerns about this arrangement and what are you hoping to achieve?
There is nothing in law that says you must automatically be offered a role at grade once you have been in it a certain length of time. There is a thing called ‘custom and practice’ which could result in an implied change to your contract to reflect a practice which has been consistently applied over a period of time, but this is determined on a case by case basis and will depend on the arrangements between the parties. So if it is still made clear that this is not a permanent move but one which may be subject to change still, it could be that the implied change to your terms to reflect this post is delayed. Also just because you are acting up in a role does not mean that you are entitled to get paid the amount that someone directly recruited in that position would receive. Unless there is a general contractual right to receive a certain amount for working a specific rile, the employer is free to pay whatever they want if it is agreed with the employee.
So you do not get automatic rights to be placed in this role just because you have done it for the last 2 years. If the arrangement was always that this was to be a temporary placement, the employer can keep it that way and eventually decide who would be most suitable to fill that role. You could certainly be considered for it but it does not guarantee that you would get it.
You are of course free to continue negotiating with the employer over this but if you do not get the role or are not compensated for doing the role, then your rights are somewhat limited in pursuing this further.
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