Can i claim back pay?

bobblebob

Work for the NHS doing a Band 3 role. The few of us in the office who do the role have been saying for awhile now it should be a Band 4 job based on the work we do. Anyway our cries have finally been heard by management and they have asked HR to read the Job Description again and see if it warrants a Band 4 wage. They're confident it does.

They havent added any extra duties onto the Job Description so its exactly the same job, just being re-evaluated. 

So my question is - if its the same job but now on Band 4, am i entitled to claim backpay while doing it under a Band 3 wage?

epm-84

Maybe read up what happened with check out workers in ASDA as they claimed they should be on the same band as warehouse workers and were successful.

Manxman_in_exile

I'd have thought you were only entitled to the higher band either from the date it was evaluated as a band 4, or from the date it was agreed to review the banding.  Your union will advise you.

(If you are not in a union there are some posters here who work in the NHS and will know the answer - eg JamoLew)

JamoLew

bobblebob said:

Work for the NHS doing a Band 3 role. The few of us in the office who do the role have been saying for awhile now it should be a Band 4 job based on the work we do. Anyway our cries have finally been heard by management and they have asked HR to read the Job Description again and see if it warrants a Band 4 wage. They're confident it does.

They havent added any extra duties onto the Job Description so its exactly the same job, just being re-evaluated. 

So my question is - if its the same job but now on Band 4, am i entitled to claim backpay while doing it under a Band 3 wage?

https://www.nhft.nhs.uk/download.cfm?doc=docm93jijm4n10329.pdf&ver=25267

Would seems too suggest that backpay is only made to the date where any change is signed off 

It would be very unusual for a job to be rebanded with no changes to the job description/person spec 

Trusts are understandably reluctant to admit that the initial job matching was not performed correctly as it would open up a huge can of worms

However - if you can demonstrate that your role is different or has developed and takes more responsibility, then you do stand a slightly better chance.
There is always the chance that the trust/manager asks you to stop doing the additional duties etc and effectively work to the job description 

I actually tried to get my role rebanded years ago based on a flawed matching process where they matched against an improper job profile. The profile stated rotational duties which I don’t have and argued I was specialised - the response was along the lines of “don’t be silly, that’s just wording” even though the matching handbook was/is very specific 

Good Luck

bobblebob

Thanks. Reading the original job spec it really did not take into account all the tasks you will be expected to do. Thats why we have been asking for a wage review for months - the original job spec isnt fit for purpose for what the job entails in reality 

JamoLew

What you really need to do is find an appropriate job profile that you think more closely matches your actual role,duties and responsibilities and lay out point by point why you think the profile should be applied.
If the role has evolved and expanded since the original matching process was performed, then this should be quite easy.
Just be aware that the matching process is based on points scored and although roles may be different, they may still fall in the same eventual banding.
Try and focus on the high points scoring elements as an uplift in these is more likely to nudge your score into a different banding.
Try and get the help from someone who may have been involved previously in the matching process and they will be able to help you focus on the important details and not get derailed with “irrelevances”

Best of luck

oh_really

Op, that's not how the process works. Doing more jobs has little relevance, nor does this have anything to do with Hr,. A matching panel evaluates your job based on information from your job description, this is why it's important your JD is fit for purpose. Given your post has been through the process and consistency checked you need to be in a position to bring something substantial to the table to get a favourable outcome.

I'm sure you are aware your measured against 16 factors, which factor is going to load a higher score? Have a read through them paying particular attention to factors 2&12.

What profile were you matched to and what profile are you hoping to move to?

What did the  matched job report say?

I'm busy atm moment, can look in later.

bobblebob

oh_really said:

Op, that's not how the process works. Doing more jobs has little relevance, nor does this have anything to do with Hr,. A matching panel evaluates your job based on information from your job description, this is why it's important your JD is fit for purpose. Given your post has been through the process and consistency checked you need to be in a position to bring something substantial to the table to get a favourable outcome.

I'm sure you are aware your measured against 12 factors, which factor is going to load a higher score? Have a read through them paying particular attention to factors 2&12.

What profile were you matched to and what profile are you hoping to move to?

What did the  matched job report say?

I'm busy atm moment, can look in later.

To be honest not really sure at all how the process works. Ive just been told what our manager has said she has done by submitting the JD again to be looked at and re-evaluated to see if it now warrants a band 4. She believes it does

oh_really

Have you or any of the other post holders completed a JAQ https://www.nhsemployers.org/-/media/Employers/Documents/Pay-and-reward/Job-evaluation/JAQ-2020.pdf?

Please say you're a union member.

bobblebob

Not sure will find out about the JAQ

And yes im in a union

oh_really

What profile have you been matched to and what are you hoping to match to?