Paid lower band wage

supermaiden

OH works in a supermarket. The job he applied for (Department A) isnt what he actually does day in day out. He was speaking to a colleague about wages, and finds out they are on a higher wage band although their job is easier. OH went on a search for the wage band list. OH is on band 2. However, the job he does every single day is on band 3. Since it is what he does every day, doesnt that make it his job? So shouldnt he get the wage that goes with that job? It makes for a difference of over £600 in the last 6 months! If the band 3 thing isnt his job, should he be able to decline doing it? He only has a copy of his temporary contract when he originally joined the company, and they are well known within the store for not wanting to give out contracts, even though I know its a legal requirement!

He is in a bit of a predicament. Does he rock the boat in a place where they dont like you to even touch the boat, or does he tip it because he should be on the higher band?
Im just looking to get him some advice before he speaks to whoever he needs to! It just makes things worse as we are struggling financially, and then we learn this!

scheming_gypsy

All he can do is ask if he can be put on the higher band for what he's doing but if he was employed for a band 2 job and is paid a band 2 wage, then that's his wage

LittleVoice

supermaiden wrote: »

He only has a copy of his temporary contract when he originally joined the company, and they are well known within the store for not wanting to give out contracts, even though I know its a legal requirement!

It is a legal requirement to provide written particulars of employment. They appear to have done that with what you describe as "his temporary contract". The terms of that will continue to apply. It is only if they change that a fresh document needs to be issued (and then just for the part that has changed).

One of the items to be covered in those written particulars is a job title or brief description of the job. If this has changed it should be documented.

planning303

when you say he's temping, is he temping as a agency worker? if so this might change things

supermaiden

He's not temping, he is now a premanent employye and has been for over a year. Its just he only has the contract he first signed on day 1.

So if he is not listed as doing band 3 job, he shouldnt have to do that work surely?

LittleVoice

supermaiden wrote: »

He's not temping, he is now a premanent employye and has been for over a year. Its just he only has the contract he first signed on day 1.

So if he is not listed as doing band 3 job, he shouldnt have to do that work surely?

Does he have a job description? Even a generic one for a band 2 job? Is there an item along "any other duties reasonably requested by the employer"? If so, that would cover acting up to a band 3 role. Most job descriptions do include that "other duties" requirement.

Hammyman

supermaiden wrote: »

He's not temping, he is now a premanent employye and has been for over a year. Its just he only has the contract he first signed on day 1.

So if he is not listed as doing band 3 job, he shouldnt have to do that work surely?

He can refuse but then he will probably find himself in breach of his contract of employment, particulary the term that is in most:

"Must carry out all reasonable requests by management"

paddedjohn

Has he tried asking his employer? maybe its an oversight.

supermaiden

We have checked the contract that he has. It says "At times may be required to work in other parts of the store."
He is working every day on a particular department(dept b) which is not the department(dept a) outlined in his contract. This job on dept B is around 80% of his working day.
Is there anything he can do about this? Any advice or help is appreciated