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Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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P&C - Advice required on the following:- Seconded to a Grade

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P&C - Advice required on the following:-
Seconded to a Grade 13 Controller role, Made permanent in February but grade remained a 12. Didnt accept this.
Have now been told (July) along with other colleagues (5 of us) that the role has been recaclulated as a Grade 12 role.
All others have been offered a Grandfathered T&C's until July 2017 - where by they have the choice to move down a grade or take redundancy. I have not been offered this since they are claiming my Grade never was a 13.
Is this legally fair? I believe i deserve a level playing field to my colegues and can not see that it is fair.
Hello my name is ***** ***** I am happy to help you today. Were you the only person doing your role originally and were you led to believe it was a Grade 13 role? How long have you worked for the employer for?
Customer: replied 2 years ago.

No, there are 5 of us in total- all grade 13....

i was was led to believe that I was seconded into a grade 13 role.... Once confirmed post the 6 month secondment the letter stated that my terms and conditions would remain the same.

Salary etc was moved up to a grade 13 role but my personal grade remained as a 12.

I raised this immediately as a concern and was told that the role was going to be put under a review for all 5 of us. i reiterated that I felt strongly that If the role was recalculated as a 12 theN I should be offered the same options as the others.

i didn't get and update/ answer for a while despite chasing until last week when we were all told the role is no longer a 13 and would be made a 12.

i feel strongly that I may have been discriminated against.

Ok thanks for the information, how long have you worked for the employer for?
Customer: replied 2 years ago.

15 years...

are the others have been offered 2 years grandfathering which for me would then take me to 17 years

So what are you being offered as an alternative to stay in post on a lower salary?
Customer: replied 2 years ago.

In effect they are saying there is no change for me- as I am already a grade 12 (althugh I believe i shoudl be a 13) therefore i will contnue in this role as a 12....

The backdrop to this is that there are very few Home based roles within teh organisation left after a period pf Transformation earlier thsi year. Therefore post thsi role i am unsure as to what i would do. I have had a really succesfful career, built up a lot of history with the organistaion and always moved onto a new promoted role with 2 years.

Therefore at the end of doing this role- (of whcih i am enjoying) i believe my options are significantly reduced given the home based roles being reduced and actually the option to leave the organisation with some redundancy is an option i'd liek to have to consider in 2 years time.

Hope thsi is making sense

Yes it does, finally you say you were seconded to the 13 role, was this a temporary arrangement or a permanent one? Is this the reason you are being treated differently from the other g13's ?
Customer: replied 2 years ago.

I RTW post Maternty leave in August 2014... I wanted to do a 4 day week. The business asked me to do this Grade 13 Controller role for a 6 montsh secondment a)To see if i could do it and b) to see that they were happy with me doing it on a 4 day basis.

I made sure that this was feasible, have done a great job and have enjoyed doing this role- which resulted in the role being made permanent in April back dated to February (end of Feb) with everything in teh letter confirming teh grade 13 role - apart from teh garde itself. I have been passified with thsi is due to teh role undergoing a review across Europe and the liklihood is this will be made a 12 role and therefore by paying you a 13 salary we are trying to protect you. The reality is i don't want to be protected and want to have teh same options as everyone else. I stated that at thsi point in time i am working with collegaues who are all grade 13's this is a grade 13 role- If i am a garde 13 for all of 2 months - i dont mind i just wanted to be handled teh same way as my colleagues

Ok understood. You have every right to feel aggrieved about this and should be treated the same as your colleagues if you were told the role is permanent.
I would suggest that you raise a formal written grievance to state that you believe that the treatment amounts to a breach of trust and confidence and ask them to confirm you will be treated in the same way as your colleagues.
You mentioned the word discrimination, you should note that this only applies in law if the reason for the difference in treatment is on the grounds of your race, age, religion, sex, pregnancy, disability or for raising a health and safety complaint. I don't think that any of these apply to the situation but if they do you should lodge a complaint about it in the grievance.
Hopefully this will lead the employer to reconsider its position.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for this much appreciated


No problem Felicity. Please do remember to rate my answer as I am not otherwise credited for my time.
All the best and do come back to me in the future if you need to.