Can they legally reduce my salary?

welshman10

Not sure which forum this should go in...

I am employed by the NHS, in an IT type role. Other members ofd this board will know that there has been an ongoing "agenda for change" programme going on since October 2004, where they have reviewed every job and given them new bandings and salaries.

Coincidentally, I started there in October 2004. I then got "assimilated" in June 2006. This assimilation meant I had gone up one pay band, and I was given a salary increase of around 5k. I have been earning this salary since then and have been awaiting the back pay (for money owed from between Oct 2004 to Jun 2006).

In the meantime one of my colleagues that does the same job has been assimilated and was on the same band as me but was placed on the lowest increment - around 2k lower than me. He appealed this and after a couple of months he has been told, in writing, that his assimilation has been correct and that there is a technical issue surrounding his colleagues (ie me & one other).

He has spoken to the HR manager on the QT, who has told him that he has heard unofficially that they made a mistake with my assimilation and I should have been down on the same as him. There has been talk of "recovery of overpayment" and all sorts.

Where do you think I stand legally? When assimilated, I had a new contract stating my new salary and terms, which I have worked to for a year now. Can they legally reduce my salary by about 2 grand at this stage? Can they take money back from me?

I have contacted my Union Rep but I won't hold my breath as he is next to useless. I am off sick at present so cannot see the HR manager myself - he is only a yes man in any case. Should I get legal advice?

Greensprout

Contact ACAS someone there will be able to advise you.

papito

If your union rep is suseless then contact UNISON directly, isn't it the UNION's name for the NHS's employees?

Bibendum

A contract is a contract. If they messed up it shouldn't be your fault.

However, this isn't unheard of. I remember reading about council employees that had to accept a pay cut in order to be standardised with their colleagues who had been underpaid.

Graham_Devon

I don't think they can. They also, with the agenda for change, can't change your salary so that you get a lower payment than you did on the existing scheme.

But then, I also don't think that it's fair that if you and your colleague are doing the same job, one get's one tier and the other get's another.

[Deleted User]

Where abouts are you based? I work for one of the main firms that run several of the national clusters, if you want to IM me I can have a little chat about the world of Healthcare IT in the private sector

Mistyang

Hi Welshman I work for the NHS too and have already been through the Agenda for Change thing. I think you will be on protected salary and this will be worked out on length of service. My protection comes out as for 5 years in which you have time to find a higher paid band job. However I was fortunate in that my banding was not lowered. There seems to be so much to take in reading the Afc policies. I notice that the pay bands on Afc have been spread out now and it takes longer to get to the top of a pay band now, they also changed everyones increment dates too. We had our backpay for what it was worth! However instead of getting the next increment for my band on 5 May I now get it in October.
The Afc also made changes to the sickness and absense rules so it might pay you to read those too. Previously on Whitley A & C I was on 6 months at full pay and 6 at half but find that this has changed now...The only benefits I did keep was my 33 days holiday plus bank hols as a long service employee.
Moral is very low in the Nhs these days what with the workload.
Anyway get well soon and best of luck . Misty

welshman10

Greensprout wrote: »

Contact ACAS someone there will be able to advise you.

Cheers I will keep that in mind and ring them if need be.

papito wrote: »

If your union rep is suseless then contact UNISON directly, isn't it the UNION's name for the NHS's employees?

It is UNISON, yes, of which I am a member. If I get nowhere with my UNISON rep I may go to them directly.

Bibendum wrote: »

A contract is a contract. If they messed up it shouldn't be your fault.

My thoughts entirely. The fact I have been paid this new salary for a year now is hardly my fault. I trusted them to calculate my new salary correctly. I also turned down a job on a similar salary at the time I was assimilated.

I have made lifestyle decisions based on being paid this salary and entered into contracts I may otherwise not have done, for example getting Sky+.

Graham_Devon wrote: »

I don't think they can. They also, with the agenda for change, can't change your salary so that you get a lower payment than you did on the existing scheme.

But then, I also don't think that it's fair that if you and your colleague are doing the same job, one get's one tier and the other get's another.

I would be on a higher salary than I was before anyway, even with this proposed reduction.

I agree that I should be paid the same as my colleague - if that means freezing my increments until he catches up, I can live with that, I just cannot accept a reduction in salary. To me, that is a breach of contract.

Glad

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

crazy_guy

I am not entirely sure on whether they can legally reduce your wage, but they would be avin a giraffe if they thought they could get back wages they have paid you..... its like me going into argos, buying a new tv and video, using it for 6 months and then them turning round and saying woops we made a mistake on the price i'm afraid you will have to pay more to keep it, i'd tell them where to stick it!!

Good luck though

ohreally

You will have been matched to a national profile and this process has mechanisms in place to ensure the integrity is maintained.
If a mistake was suspected they would have had the result consistency checked so don't get too concerned.
Which trade union do you belong to?