Employment law

[commonsense]

I have worked as a support worker at grade 4 pay scale for over seven years. Recently my employer advertised for a permanent manager post. I applied and was offered the job verbally on 16/09/12.
We verbally discussed hours, rota, roles etc
Start date was given as 26/09/12.

I started my new job. My manager sent off appointment form to HR outlining start date and permanent fixed position, hours etc

I then renegotiated salary as I wasn't happy with what was offered and past experience was taken in to account, therefore I have email logs of negotiation of salary.

Today I was told that the service is being redesigned and I will be entered in to the process as a grade 4 support worker. I disputed this and was told that my new job was only temporary. However all other applicants and advertisement show it as permanent.

It turns out that my crb is not valid and the appointment form does say that it needs to be valid before I start the new job. I found this out as did my manager after I had been in the new post for over ten days. My manager had said not to worry as I was already in post.

I need to know if legally I can fight the redesign and request that I be judged as a grade 5 manager, can I also take benefit of the three year pay protection plan promised to everybody .

Can I fight my case that the job was advertised as permanent and offered as permanent?

[commonsense]

Let me clarify. I wOrkfor a large city council, due to the budget cuts we were informed that our service was being redesigned. All current posts would change title and everyone would be reinterviewed for their jobs. Fair enough but I had only been in my new post for 6 days so wasn't sure how to feel.

Then all of a sudden I get the email today. I feel like they are trying to keep me as grade 4 and not my new grade 5, because they want to save money.

Let me add I renegotiated my salary because I already have a years experience within the organisation as a grade 5 (top of pay scale too but in my reneg. I only requested to be midway). The other woman that was appointed too at the same time after the same interview started at the top of grade 5! She's still not got her start date but is doing bank shifts with us. Yet she's not been receiving these emails revoking permanent status

[buildersmate]

Yes, Factor, I see your point. I misunderstood that.

In general line managers in organisations that are not owner/director do not have the authority to agree salary increases, so my main point stands.

But it is pretty crass claiming the job is now temporary - I think that may be a poorly-designed tactic employed to persuade you to back-off. No-one is going to exchange a permanent job at Grade 4 with 7 years at it for a Grade 5 temporary job - not without if having been properly-explained what the risks could be. That didn't happen.

See what your super Union chappy/chappess has to say, then.

[commonsense]

I have logs with personnel directing me to my line manager for negotiations of salary. I was kind in only asking for a midway on the scale of grade 5. I only did it because the other person that got the job was starting at the top of the scale already.

Do you think I have a case. It's the council, it's not unheard of. It was advertised as a permanent position, it's just the crb check that they could dispute

[buildersmate]

OP - just seen your latest comment. As someone who has been there, done it, I think you are exactly right.

In my experience when someone gets promoted to a band above, they get the minimum at the new band, except where bands overlap and the promoted person is already paid above the new minimum - in which case +10% would be typical.

[commonsense]

And thank you all for your advice

[commonsense]

Another guy from the probation service also attended the interview. Can you imagine if he had got the job and not me, they wouldn't suddenly say this to him. But it seems that because I have come up a level from in house they can treat me like this

[commonsense]

The probation service as in, another department, an external applicant

[boxtops]

If you are working in health and social care then all the services are in redesign at the moment (as is my own). I don't know whether my own role and band will be in the new structure. It may be that we will be rebanded. You have to decide whether you want to keep the job at the new band, or not - in which case you've been offered a job and you are declining it. Lots of NHS jobs are moving into local authority employment (particularly public health and learning disabilities). It's happening all across England and Wales.

[factor-fiction]

Hi boxtops- it is accepted that there is a redesign/restructuring process coming up; the issue here though is whether she should go back in the pool as grade 4 (her previous grade) or as grade 5 (her new 'permanent' grade) following her appointment to a new role in September. The employer seems to be saying grade 4; commonsense (pun intended) says it should be grade 5 (or at least protected as a personal grade 5)

[commonsense]

Factor that's exactly the case.

[Folker]

Get your trade union on to it. That's their bread and butter.

[commonsense]

As yet I've had no contact from top brass. My bosses manager did tell him I have a good case though.
I'm going to call the union first thing tomorrow