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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49823
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I have been working in the same role . My employer

Customer Question

I have been working in the same role for 7yrs. My employer has now agreed that I should have been on a different pay grade (higher). If I had been put on the correct pay grade 7yrs ago I would now be beyond the mid point of that pay scale. I am currently at the bottom of the pay scale. This error has cost me approximately £20,000 over the 7 years. Should I be put straight up to the mid point of my pay scale, and should I be entitled to any back payment?
Many thanks,
Jeremy Dalton.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello do you know why the error occurred in the first place?
Customer: replied 2 years ago.
It was because of an old staff structure within the organisation. I was grade 8, my 'manager' was a head of department grade 7. I argued and it was agreed by my manager and higher managers that I should be a head of department within my own right. Head of department attracts a grade 7 pay role. This took 7 years to sort out, and I am now a grade 7 but at the bottom of the pay scale. After 5 yrs employees are moved to the mid point of their range, as I have just been mead a 7 I am at the bottom. This has cost me a fair bit over the years and I am being paid about 3k/yr less than I should be.
Customer: replied 2 years ago.
Do you need more details?
Expert:  Ben Jones replied 2 years ago.
When did you become aware that you were not on the correct grade and is this grading system a contractual right?
Customer: replied 2 years ago.
I was aware that I was on the wrong grade about 5 years ago. The grading system is standard throughout the organisation. There is nothing that would specifically specify the grading system as a right within my contract, only the grade I am on.
Expert:  Ben Jones replied 2 years ago.
Thank you, ***** ***** issues I see here are as follows:
1. You knew about the changes some 5 years ago. If you have not challenged them until now and taken more formal action, such as legal action to try and resolve it, the employer could argue that you had accepted the situation as it is and the current arrangements had become an implied contractual term. In other words by working for so long under the current terms they have become legally binding on you. You may have complained in the past and the employer may have been trying to resolve this throughout all that time but allowing them to take so long could still mean you had accepted the situation as it is.
2. The pay you are trying to claim is not a contractual right so to pinpoint exactly what you should have been due by not being put on the correct grade may be an issue. You could try and argue that contractually you should be on a specific grade by now and at least push to be put in it by the employer so that there is some rectification, but to then ask for a back pay would be more difficult especially if it is assumed that thee was an implied acceptance on your part.
There is of course nothing stopping you from trying to put some pressure on the employer to get a satisfactory resolution, even to get some compensation. You can use the grievance procedure to do this. If that does not resolve the matters then your only option is tribunal by claiming constructive dismissal or the wages you believe you are due. The first will be very difficult as the issues were brought to your attention such a long time ago and the second may also be difficult due to the grading system not being contractual and also the potential implied acceptance. However you can still approach ACAS to use their free conciliation service to negotiate via them with the employer and that could help to an extent to get something out of it.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.