Regrade, back-pay advice - possible tribunal case

budgey

Hi all,

I'm in bit of a tricky situation at work... I have reached an impasse with my employer regarding a case of re-grading and back-pay and am looking for advice on how to proceed with getting the decision overturned/amended. I believe that I have exhausted internal grievance procedures and an employment tribunal may now be the way forward. Can anyone advise on if this is the case and how I would do this?

My case details are:

* I was employed on a permanent contract in December 2007.

* It was found out in mid 2008 that I was on a lower grade than my immediate colleagues doing the same work - this was recognised by both my Department Head and the Head of Human Resources.

* The Head of HR commented to the Department Head that I would have grounds for a grievance and would be entitled to back-pay covering the entire duration of my employment. This was relayed to me and I was led to believe that action was being taken on my behalf.

* In July 2008 a colleague was promoted and I suggested applying for his position to bypass the need for a re-grade and to save time and further losses. I was told this wasn't necessary.

* Enquiries between July 2008 and February 2009 were responded to by assurances that the case was being written up.

* In February 2009 a new colleague was hired on the higher grade and a formal application for my re-grading was finally submitted - first formal paperwork filed.

* Despite enquiries by my Department Head to HR no further action was taken until an interview with HR to draw up a new job description took place in September.

* The re-grading panel finally took place in November and the initial decision was for no back-pay and the re-grade to take effect from January 2010.

* I appealed against this via a letter and was then subsequently told that a new job description should have been submitted for the regrade procedure to begin.

* My Department Head later said that a new decision had been made and I would be awarded back-pay to August 2008. When I received written confirmation of this the back-pay was to August 2009 and not 2008. This was questioned by my Department Head and confirmed by the Head of HR.

* I wrote a new letter of appeal and today received an email stating that no further offer would be made.

I was hoping to avoid taking this matter externally as I was acting entirely on goodwill but this has not worked in my favour. Without going in to further detail at this stage; as I see it huge unexplained delays have led to myself being severely out of pocket and hence mistreated. I believe the change in decision in awarding back-pay is an admission of fault, the offer grossly insufficient, and actually exacerbating of the situation. If the offer was to August 2008 I would have accepted that to get the matter over and done with.

Where do I stand on this? I know some people will say that I should be thankful I'm getting anything at all but the fact is despite filing a proper application in February 2009 nobody in HR acted and then having the cheek to inform of the requirement of a new job description as a starting point after the fact is nothing but unacceptable.

M

terra_ferma

I think you need expert advice, rather than the personal opinions you would get here.
I suggest you speak to the unions, or CAB.
Also there is a site where people who are very knowledgeable give advice: www.i-resign.com/

Vader123

Do you work for the NHS?

Vader

budgey

Thanks, I'll have a look.

No... I work for a university.

tooldle

When was HERA implemented in your institution?

budgey

I have absolutely no idea... but we are a listed member and the uni public advertises it. Our Pay Framework was last updated and effective from October 08.

olly300

You definitely need to talk to a full-time union legal representative or to an employment solicitor as your case isn't simple.