wages

[hotlips11]

A friend of mine went back to her old place of work after a 12 month break due to health reasons.She is working in a Residential Home as a care assistant with an N.V.Q.2 in Health and Social Care. Prior to her leaving she was working as a Senior Care Assistant on £6.92 per hour. Before being promoted to a Senior she was working in the same home as a carer on £6.53 an hour.She has just received her wage slip and she is only being paid a paltrey £6.08 an hour. Are her employers allowed to do this? You don't expect to earn less doing the same job you were doing 2 years ago. Has anyone any advice as to what she can do?

[buildersmate]

Presumably this is linked to your other question about £7.00p per hour offer in the Ad.
The answer to that bit is that the Ad is just an Ad - it is what is agreed in the contract that counts - she must have received a letter of some sorts confirming the appointment, which ought to say the salary, or at least the band / spine point to start on - that is aligned to a published salary scale.
Now then, this business about a 12 month break in service. Please explain further. Did she leave / was dismissed before? - or was this 'break in service' something agreed formally between her and her employer - that she could come back and her restart in service would be regarded as a continuity of her existing contract? Otherwise, it's effectively a new employment and a new contract, I reckon.

[hotlips11]

In reply the two jobs are not linked.She was not sacked but left to do a lighter job due to her health. Having fully recovered decided to go back after 12 month break. No contracts have been signed or any paperwork changed hands as far as I know. As far as she knows having spoken to other carers is the ones who have an N.V.Q.2 are on £6.53 an hour.

[buildersmate]

Are you saying that a temporary change of employment terms occurred 12 months ago, whereby the employee changed role and pay for the same employer, for unspecified period of time, and none of this was documented by the employer by letter to the employee that described the terms of the temporary change?

[hotlips11]

What I am saying is she left the company for 12 months. She has since returned and when she received her wage slip she is being paid £6.08 an hour. All the other (I'll say junior carers who have an N.V.Q.2) are on £6.53 an hour.

[buildersmate]

So she needs to go back to the employer to determine what the salary range for the job is (band), and what spine point she is on (within the band). I know little about the Health section, although I imagine these jobs are managed by people employees on different salaries within a broad band. There are not necessarily an obligation to pay all people identical wages within the same job title - other factors can be included, like for example, qualifications and experience. That is how one move up the spine points within the band.

[LoftyLottie]

I would think that as she left completely and then went back 12 months later then her wage now will be based on the spinal point for someone who is new in this employment - maybe back at the beginning of the scale. If she had just been off work sick for 12 months then she would be continuing her employment and would probably be on the same point on the scale now.

In other words in will be up to her employers on what spinal point she is paid at. And there is nothing she can do. I am surprised that this wasn't discussed prior to her starting again.

[factor-fiction]

Did she not agree a salary at interview?

[buildersmate]

Not quite true, Eddie.
The document the employer must provide the employee is called the 'written statement of employment particular' and without that, after a period of time, the employer is behaving unlawfully.
The contract of employment comprises many aspects, including what is written on the statement.

[cassa333]

Has she bothered to find out if it was a clerical error? or is she just assuming they are trying to shaft her?