Regrading - employer not honouring my contract?

scarlet74

Morning all!

I wonder if anybody might have any thoughts about my current situation? Sorry it goes on a bit...!

I work in university admin, and for almost the last 2 years my salary has been at Grade 3 on the scale. Before this, I was on Grade 2, working with a part time Grade 6 person, but after they left at the end of 2008 my manager upgraded me as I would be the only person doing the job from then on.

In March 2009 I got my new contact (we are on a rolling fixed term contract due to funding) which was as a Grade 3 until the end of the programme in December 2011. So far, so good - I actually thought it was the least they could do!

Since then, I have had emails from HR about the regrading process, and how I have to apply for my new grade through their normal procedures - and stating that I was only a temporary responsibility allowance. Things move very slowly here, and after a number of emails back and forth, my manager and I went throght the process (effectively applying for my own job) earlier this year.

The application is still being processed, but in my last meeting with HR they seemed very surprised that I had my contract as it was written, and are adamant that this was a mistake, and that I am still on a temporary allowance. There is absolutely nothing in my printed and signed contract to suggest this is the case, though.

While this is going on, they have said that my contract was a mistake on their part, and they are willing to extend my current grade until the end of this year. Well, thanks very much! My view is that I clearly already have a contract until the end of 2011, and it never occurred to me that it could be a mistake. I'm also a little worried that the review might not find in my favour, and I will revert to a Grade 2 again.

I don't think they can legally do this anyway, as it is a signed contract of employment. I'm not trying to circumvent their usual process, as I didn't know about it in the first place, but now that I have a contract, it seems this is all just a face-saving exercise for someone in HR who messed up. Just so you know, the appllication paperwork is 20 or so pages long, which they would like me to re-write after my initial version, and this will then be reviewed by a panel of staff - effectively an interview. To me, it seems a waste of everyone's time!

Thanks for reading, and I'm grateful for any thoughts anyone may have! I should also say that I know anybody is lucky to have a job at all at the moment, and having been made redundant myself about 5 years ago, I appreciate that I might not the most unlucky person in the world - but there is a principle at stake, and possibly a legal issue.

DVardysShadow

I think I would be writing

Dear <HR>

As you are aware, I have been working under contract letter of <date> since March 2009. The contract states that I am on grade 3 until the end of 2011 - and your letter is plain that it is to the end of the contract. You are now claiming that this was a 'mistake' and that I should be on a temporary allowance. I have co-operated with the application process to assist you with any face saving which might be required. However, having taken advice, I am quite clear that I have been working in good faith under your contract since March 2009 and as I am not a party to your mistake I am now under no circumstances prepared to spend my own time resubmitting application paperwork.

Please understand that if you should consider reverting my terms and conditions to a lower grade, then I shall consider any reduction in pay to be an unlawful deduction and I shall not hesitate to pursue the matter by all available means. I trust that you will expedite the closure of this matter and confirm my contract letter, ideally within the next 7 days.

Yours scarlett

Probably needs toning down

DVardysShadow

MrCEO wrote: »

Dear <HR>

As you are aware, I have been working under contract letter of <date> since March 2009. The contract states that I am on grade 3 until the end of 2011 - and your letter is plain that it is to the end of the contract. You are now claiming that this was a 'mistake' and that I should be on a temporary allowance. I have co-operated with the application process to assist you ,However, having taken advice, I am quite clear that I have been working in good faith under your contract since March 2009 and as I am not a party to your mistake I am now under no circumstances prepared to spend my own time resubmitting application paperwork which I feel will fully justify my grade.

Please understand that if you should consider reverting my terms and conditions to a lower grade, then I shall consider any reduction in pay to be an unlawful deduction and I shall not hesitate to pursue the matter by all available means. I trust that you will expedite the closure of this matter and confirm my contract letter, ideally within the next 7 days.

Yours scarlett


Agree with most although would take out the face saving part. Bear in mind those in HR are probably not who made the mistake and trying to antagonise them won't help matters.

As I said, it needed toning down. But your alteration above actually - to me makes the case for doing the application form. I think I would put

I am now under no circumstances prepared to spend my own time resubmitting application paperwork to justify the grade at which I have been working for 2 years.

Savvy_Sue

You have joined the union, haven't you? I think I would, pdq ...

mum2one

It could be worth joining the union, but the sticky ground is the incident has already taken place.
I would give ACAS a ring, as it sounds like there trying a cost cutting exercise at your expense, the thing is if your only on a roilling contract, you want what your entitled to, but they may change the terms in 2011, but don't let them get away with it.
xx

teabelly

I'd start reading up on the difference between grade 2 and grade 3 admin staff and make sure any duties you are doing are clearly of the grade 3 nature just in case. If you are doing grade 3 work then it is impossible for them to argue it is a mistake anyway. But still join the union and see what they advise. The letter above is pretty good. Just take out the confrontational bits that accuse HR of face saving.... generally HR departments make mistakes a lot more than they let on! Reminding them of their infallibility is never a good tactic

DVardysShadow

teabelly wrote: »

generally HR departments make mistakes a lot more than they let on! Reminding them of their infallibility is never a good tactic

infallibility -> fallibility. Do you work in HR? :rotfl::rotfl::rotfl:

teabelly

DVardysShadow wrote: »

infallibility -> fallibility. Do you work in HR? :rotfl::rotfl::rotfl:

Oops!

Think I was going to write it is never good to remind them they're not infallible...

But the OP needs to be careful as if the boss has designated a higher grade and the job doesn't warrant it (being the only person doing it isn't sufficient reason for promotion I don't think) then there is a real risk of being down graded. Or made redundant and they'll re-hire the grade 2, often using someone moved from another department within the uni.

scarlet74

Thank you everyone for all your kind (and very helpful) responses! I'm actually amazed anyone took the time to read through my post (I'm not sure I would have), and extremely grateful to you all for taking the time to reply. There's some very good advice, and I'm especially grateful fot the letter draft, which I honestly would never have expected.

I'm treading carefully anyway - and I also hope I'm not trying to make myself out as especially hard done by. I just want to get on with my job really!

Cheers eveyone!