Pay Increase

kevinmcc

I started on a temporary contract with my employer for a period of one year, after which I was made permanent. The company has a performance related pay increase scheme. When everyone in the company received a letter of their increase I didn't receive anything. I was told that as I was temporary that year I would not be entitled to it. However I went to view my appraisal online and it states that I met the target I was supposed to.

Am I entitled to this increase? I cannot find anything in my contract that states I am not? Help would be much appreciated as I am not getting anywhere with HR.

AP007

You are entitled to what they want to give you.

How do you know everyone got a pay rise?

Also if you are a temp you are on a differernt contract, aren't you?

Uncertain

kevinmcc wrote: »

Am I entitled to this increase? I cannot find anything in my contract that states I am not? Help would be much appreciated as I am not getting anywhere with HR.

It would need to be the other way round I'm afraid.

If your contract said that if you met certain targets or got a good appraisal you would then get a pay rise they would have to give it to you.

However they fact that others got one does not, in itself, entitle you to one.

People often forget that an employer can discriminate in any way they like except for the handful of reason prohibited by law (e.g race, sex etc).

kevinmcc

But the law states that temporary employees should not be treated less favourably including pay.

I am not saying the fact that someone else in the company got a bonus entitles me to one. However I did find my appraisal which scored me as a 'meets' which under company policy entitles a permanent member of staff to an increase.

AP007

Where does it say that? Were you on the same salary as the other staff WHEN you were temp?

The thing is you are not a temp now & they decide who gets what and when.

Uncertain

kevinmcc wrote: »

But the law states that temporary employees should not be treated less favourably including pay.

I am not saying the fact that someone else in the company got a bonus entitles me to one. However I did find my appraisal which scored me as a 'meets' which under company policy entitles a permanent member of staff to an increase.

Ah, OK

If you can show that a full time employee has that entitlement and the fact that you are temporary is the reason you have not been given it then you may have a case.

Realistically though, with no security of employment, I'm sure it wouldn't be hard for them to come up with a "lawful" reason to dispense with your services so I wonder how wise it would be to pursue this?

Whilst obviously you would be able to claim unfair dismissal without any particular length of service if you can show it was really for an unlawfully discriminatory reason, how easy it this actually going to be?

kevinmcc

It says it on gov.uk but I am not allowed to post a link:

"Employers must also ensure that fixed-term employees get:

the same pay and conditions as permanent staff
the same or equivalent benefits package
information about permanent vacancies in the organisation
protection against redundancy or dismissal"

Some of my colleagues are on higher and lower salaries when I was temp. Correct that I am not temp now, however how can they decide who gets what when, when the law above is in place?

kevinmcc

Uncertain wrote: »

Ah, OK

If you can show that a full time employee has that entitlement and the fact that you are temporary is the reason you have not been given it then you may have a case.

Realistically though, with no security of employment, I'm sure it wouldn't be hard for them to come up with a "lawful" reason to dispense with your services so I wonder how wise it would be to pursue this?

Whilst obviously you would be able to claim unfair dismissal without any particular length of service if you can show it was really for an unlawfully discriminatory reason, how easy it this actually going to be?

This is true, however I am now a permanent member of staff.

AP007

kevinmcc wrote: »

It says it on gov.uk but I am not allowed to post a link:

"Employers must also ensure that fixed-term employees get:

the same pay and conditions as permanent staff
the same or equivalent benefits package
information about permanent vacancies in the organisation
protection against redundancy or dismissal"

Some of my colleagues are on higher and lower salaries when I was temp. Correct that I am not temp now, however how can they decide who gets what when, when the law above is in place?

If temp workers are to get the same pay as permanent staff then why do permanent staff all get different pay in private companies? I know I got more than everyone so under that ruling if we had taken on a temp who do they get the same pay as, me or the other memebers in the team who were all on different pay.

Did you get the same pay then for the YEAR you were temping?

You are saying you didn't?

Is your complaint about not getting a pay rise now you are permanent, not a temp????

There is no rule that staff should get the same pay at all

AP007

kevinmcc wrote: »

This is true, however I am now a permanent member of staff.

So you are no longer a temp memeber of staff and you can be paid whatever they want to pay you.

AP007

kevinmcc wrote: »

It says it on gov.uk but I am not allowed to post a link:

"Employers must also ensure that fixed-term employees get:

the same pay and conditions as permanent staff
the same or equivalent benefits package
information about permanent vacancies in the organisation
protection against redundancy or dismissal"

Some of my colleagues are on higher and lower salaries when I was temp. Correct that I am not temp now, however how can they decide who gets what when, when the law above is in place?

So you asked about this in the 12 months on the temp contract?