Thank you very much for clarifying. The main issue here is that this has bene going on for 4 years now and there will be a strong argument by the employer that you have accepted the current situation. This means that the original terms of your contract would have been replaced by whatever the actual practice became over the years. Four years is a long time for you not to officially challenge the employer over this and to continue working under different arrangements. This would likely result in what is known as an ‘implied acceptance’ of the current terms, which is an acceptance based on conduct. This is where you have gone along with them without taking formal steps to challenge them, such as formal grievance or an Employment Tribunal claim.
You can still raise a grievance if you wanted to as it is your right to do so. You can get a detailed explanation of the grievance process here:
In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.
The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.
Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.
Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.