Do I have ANY case against my current Employer?

xxdiddiexx

In a nutshell. I work for a Local Authority.

One of my responsibilities is to assist the manager to manage permanent and temporary junior member(s) of staff

Junior member of staff (who has now left) pushed for and got an increase to the next salary range. I said that if their job was reviewed and put up then mine should be too. My tasks are differerent to my original JD. Told to re-write my JD.

Whle working on it, the junior member of staff left and his job was advetised. My JD that I was working on was used - and a few tasks taken off. Was told that was what HR had assessed the job to be valued at. I complained about this (not officially) and told to re-write my JD.

I did and submitted it. It was sat on for about 3 months. When I kept asking for updates I was told there was a freeze on job re-evaluations. New member of staff started and told me they were asked to take a lower salary which they did.

Chased up job re-evaluation again, and it was given back to me for changes. It had not been sent, even though they gave me the impression it had been.

Got angry and made the changes and gave to manager again. They passed on to their mangager. Asked for proof it had been sent. Got sent a blank email. Asked why, manager got defensive and angry saying it had been sent. Still no proof.

Re-eval came back to say NO change. I asked manager for copy of re-eval notes from HR. Sent a link by manager directing me to appeal process and policy - which is not what I asked for.

After recent pay awards at Local Authorities - found out that junior is on the exact same wage and grade as me.

Is this legal???

If I am supervising someone should I not be earning more money. Jumior is male I am female. Lot of my tasks have more responsibility.

I have been there 4 years. No re-evaluation, and no pay rise other than statutory yearly rise. New staff been there approx 4 months.

I am at my wits end. I am stressed and don't know what to do. Do I have a case for sex discrimination? If I leave do I have a case for constructive dismissal?

Any advice greatly appreciated.

Sorry for the bad post - but I am so stressed rigt now and trying not to get myself in a right state,

Please help if you can

morgani

If you work for a local authority are you not a member of a trade union such as Unison etc?

They can and should be very helpful in such circumstance.

It may be in your interests to do a job re-evaluation and send straight to HR yourself. If this is possible. Could you also skip out any line managers you think are being unfair/unhelpful? The problem you may have is that the budget is now not there to allow an increase?

If you resign and claim constructive dismissal you may possibly have a case but you may have problems proving the disscrimation.

In order for constructive dissmissal to apply you need to prove your employer breached your employment i.e. by gross misconduct - sexual disscrimination would fall under this as it is a statute law.

If you definately think there is disscrimination you cannot be legally fired for enforcing the law. If you were then you would have a case for wrongful/unfair dissmissal.

Hopefully all this helps and you can start taking some steps.

xxdiddiexx

Hi,

Thank you for your reply. No I am not a member of the union, and to be quite honest, from what I have seen they are not particlarly hepful when it comes to Employees. They are more on the side of the Employer.

Having said that I do have a friend who works in another Local Authority who is a Union Rep for that Local Authority, and they have been quite helpful although not in an "official" capacity.

The project has money. They are by no means broke, and they squander money left right and centre.

Am I allowed to send a Job Re-Eval direct to HR? I don't know. I shall call them tomorrow and see.

VfM4meplse

xxdiddiexx wrote: »

Hi,

The project has money. They are by no means broke, and they squander money left right and centre.

Poor use of resources is unfortunately commonplace in the public sector :mad: .

Reading btwn the lines it does sound like the LA wants rid. Sorry to be harsh, but it sounds like the lunatics running the asylum are deliberately making life tough for you.

morgani

I am afraid that all Public authorities waste money.

We all know of the situations of spending upto the udget at the year end to ensure no budget is lost next year.

VfM4meplse may well be right unfortunately. You possibly have a few options:-

• Stay and fight your corner but they may use their power to ensure you don't get the rise youwant.
• Quit and try and claim constructive dissmissal but you may struggle for evidence.
• Find an alternative job

Best of luck with going direct to HR this may well decide your future options.

Conor_3

Yes it is legal for people to be paid different amounts. There is no right to the same pay even the same as someone else doing the same job unless the difference is due to sexual discrimination which it isn't.

xxdiddiexx

Conor wrote: »

Yes it is legal for people to be paid different amounts. There is no right to the same pay even the same as someone else doing the same job unless the difference is due to sexual discrimination which it isn't.

I am senior. Other party male. I don't understand your response.

kelloggs36

Have you requested a written response which justfies why the other person on the lower grade is paid the same as you?

xxdiddiexx

kelloggs36 wrote: »

Have you requested a written response which justfies why the other person on the lower grade is paid the same as you?

I have not made an official request to do so no.

The other person is NOT on a lower grade. They are the same grade as me. This came into place about 2 weeks ago once the LA had finalised their new "pay deal".

They are in a junior position. One of my dutues is to manage this person. who is now on the same grade. Surely this is not right?

tinkerbell84

Many public sector organisations have 'merged' pay grades together which results in people managing staff in the same grade for equal/less/more money.

Your salary isn't dictated by the staff you manage, I'm afraid.

Oldernotwiser

I don't think you should be doing this on your own, even if you have a case, which I doubt. This sort of negotiation should be done through the Union which you can't be bothered to join.