Advice required regarding annual pay review

Mum2D

I have been employed by my current employer (a small organisation run by a volunteer committee with paid staff) for over 4 years. After 2 years, I resigned but subsequently agreed to remain in their employment and a new position was created. I retained some of my original workload with the remainder being taken on by the person who took on my old position. I was issued a new contract of employment and my rate of pay remained the same.

My new contract (which was issued in the first quarter of 2022) states that I am due an annual pay review on 1 January each year. Last year, my pay was not reviewed until April. However, I received a generous pay rise. I understand that this was because the NWM increased considerably and it was deemed necessary in order to maintain the same percentage difference in pay between staff. My colleague subsequently left and a replacement was appointed but was taken on at a lower wage than myself.

This year, my pay has not yet been reviewed. Those staff on NWM received their statutory increase in April and other staff also received an increase. Myself and my 'new' colleague (who has since left) did not have our pay reviewed at the same time. I sent an email querying this but did not receive a reply.

I subsequently raised this with two of the volunteers whilst in a meeting with them. I was told that I had been 'forgotten' and an apology was made. I was told that this would be rectified. Four weeks later nothing had happened, so I reminded one of the people to whom I had spoken previously. I was told that they were aware that my pay had still not been reviewed and was told that it would be done once a new colleague had been appointed. I expressed disappointment that this had not been conveyed to me and received a half hearted apology and an acknowledgement that communication is poor. I was then asked when I had last received a pay rise and, upon mentioning that it was April last year, was told "well, that's not very long ago".

I know that a pay review does not necessarily mean a pay rise but - to my way of thinking - they are in breach of contract by not reviewing my pay. Am I being unreasonable in thinking this way? I am at my wit's end. I have been working ridiculous hours covering both my work and that of my ex-colleague whilst they seek a replacement (some weeks working more than double my contracted hours). I am paid for the extra hours and have been given a small bonus on top but should I have to wait until they appoint a new member of staff for a pay review which should have happened 4-5 months ago?

Grumpy_chap

Mum2D said:

I have been employed by my current employer (a small organisation run by a volunteer committee with paid staff) for over 4 years. After 2 years, I resigned but subsequently agreed to remain in their employment and a new position was created. I retained some of my original workload with the remainder being taken on by the person who took on my old position. I was issued a new contract of employment and my rate of pay remained the same.

My new contract (which was issued in the first quarter of 2022) states that I am due an annual pay review on 1 January each year. Last year, my pay was not reviewed until April. However, I received a generous pay rise. I understand that this was because the NWM increased considerably and it was deemed necessary in order to maintain the same percentage difference in pay between staff. My colleague subsequently left and a replacement was appointed but was taken on at a lower wage than myself.

This year, my pay has not yet been reviewed. Those staff on NWM received their statutory increase in April and other staff also received an increase. Myself and my 'new' colleague (who has since left) did not have our pay reviewed at the same time. I sent an email querying this but did not receive a reply.

I subsequently raised this with two of the volunteers whilst in a meeting with them. I was told that I had been 'forgotten' and an apology was made. I was told that this would be rectified. Four weeks later nothing had happened, so I reminded one of the people to whom I had spoken previously. I was told that they were aware that my pay had still not been reviewed and was told that it would be done once a new colleague had been appointed. I expressed disappointment that this had not been conveyed to me and received a half hearted apology and an acknowledgement that communication is poor. I was then asked when I had last received a pay rise and, upon mentioning that it was April last year, was told "well, that's not very long ago".

I know that a pay review does not necessarily mean a pay rise but - to my way of thinking - they are in breach of contract by not reviewing my pay. Am I being unreasonable in thinking this way? I am at my wit's end. I have been working ridiculous hours covering both my work and that of my ex-colleague whilst they seek a replacement (some weeks working more than double my contracted hours). I am paid for the extra hours and have been given a small bonus on top but should I have to wait until they appoint a new member of staff for a pay review which should have happened 4-5 months ago?

Maybe they did the review and simply did not communicate the outcome.

Savvy_Sue

Let's say they are in breach of contract. What's the remedy? They've now said they won't review until a new colleague is appointed, which makes sense if they want to maintain a differential between the two of you. 

You can raise a grievance but your time and energy might be better directed to asking for help with your workload. And the grievance will be remedied when they carry out the pay review.

Or look for another job. 

Or join a union.

LeafGreen

Personally I'd be tempted to resign again, that might focus their attention with the obvious risk it could be accepted... but it sounds like they need you more than you need them.

On-the-coast

Do you enjoy your job (other than the pressure of covering for absent position) - and the people you work with?
IMO (and I'm a volunteer chair of several organisations, one of which does have some paid staff), it's all too easy for volunteer coordinators to let things slip, without meaning to - due to the pressure of time from their paid employments or other parts of their life...
If you enjoy your job generally, and this is a point of principle, then best just to keep politely & cheerfully reminding them that you expect a positive outcome to that review... 
If, (as it sounds) the real problem is the excess work you're covering for, then give them a deadline to recruit by, and then either drop your hours back to normal or take a holiday.... that will focus everyone's minds, and give you a much needed break.  No-one is truly indispensible, and organisations should always find a way to work through staffing issues.

Undervalued

Mum2D said:

I have been employed by my current employer (a small organisation run by a volunteer committee with paid staff) for over 4 years. After 2 years, I resigned but subsequently agreed to remain in their employment and a new position was created. I retained some of my original workload with the remainder being taken on by the person who took on my old position. I was issued a new contract of employment and my rate of pay remained the same.

My new contract (which was issued in the first quarter of 2022) states that I am due an annual pay review on 1 January each year. Last year, my pay was not reviewed until April. However, I received a generous pay rise. I understand that this was because the NWM increased considerably and it was deemed necessary in order to maintain the same percentage difference in pay between staff. My colleague subsequently left and a replacement was appointed but was taken on at a lower wage than myself.

This year, my pay has not yet been reviewed. Those staff on NWM received their statutory increase in April and other staff also received an increase. Myself and my 'new' colleague (who has since left) did not have our pay reviewed at the same time. I sent an email querying this but did not receive a reply.

I subsequently raised this with two of the volunteers whilst in a meeting with them. I was told that I had been 'forgotten' and an apology was made. I was told that this would be rectified. Four weeks later nothing had happened, so I reminded one of the people to whom I had spoken previously. I was told that they were aware that my pay had still not been reviewed and was told that it would be done once a new colleague had been appointed. I expressed disappointment that this had not been conveyed to me and received a half hearted apology and an acknowledgement that communication is poor. I was then asked when I had last received a pay rise and, upon mentioning that it was April last year, was told "well, that's not very long ago".

I know that a pay review does not necessarily mean a pay rise but - to my way of thinking - they are in breach of contract by not reviewing my pay. Am I being unreasonable in thinking this way? I am at my wit's end. I have been working ridiculous hours covering both my work and that of my ex-colleague whilst they seek a replacement (some weeks working more than double my contracted hours). I am paid for the extra hours and have been given a small bonus on top but should I have to wait until they appoint a new member of staff for a pay review which should have happened 4-5 months ago?

None of the parts I have highlighted are as significant or helpful to you as you might wish!

A contractual right to a pay review is not the same thing as a right to a pay rise (as you acknowledge in your last paragraph)!

Unless there is a contractual right to a rise (which would be unusual) then there is no legal right to a pay rise, ever, unless your pay falls below the national minimum wage. It sounds as though some of your colleagues pay was increased for that reason. However, the fact that others got a pay rise does not normally give you the right to one unless you could show unlawful discrimination on one of the handful of grounds protected by law (e.g race, gender etc).

Yes, they should have "reviewed" in line with your contract. If they do this a bit late and award a rise then you have a good argument for it to be backdated. However a good argument is not the same thing as an argument that is good to have! You would need to reflect on how that would affect your working relationship before going down that route.

TELLIT01

A requirement to review pay annually does not mean a pay rise will be given.  Unless there is anything in the contract of employment to the contrary, there is no automatic entitlement to a payrise unless failure to do so would leave the employee below NMW.

Mum2D

On-the-coast said:

If, (as it sounds) the real problem is the excess work you're covering for, then give them a deadline to recruit by, and then either drop your hours back to normal or take a holiday.... that will focus everyone's minds, and give you a much needed break.  No-one is truly indispensible, and organisations should always find a way to work through staffing issues.

Yes, the excess work is contributing in quite a big way to my general dissatisfaction. I have recently come back from a week's holiday that was booked prior to my colleague's resignation, which has just exacerbated the problem and I am now even further behind. I have been in tears on an almost daily basis for several weeks - mostly at home but occasionally at work - due to the stress of it all. I've even considered walking out for the sake of my mental health; I am on summer holidays from another employment that is term time only and I am so upset that I am spending my long anticipated time off stressed and working extra hours. I have said that I am dropping back to my normal hours this week but there is no-one else to cover them so nothing has been put in place and many things simply can't wait so I am potentially creating even more stress for myself. I believe that they have now found someone else but they need to give a month's notice and then I will need to train them.

TELLIT01

The excess workload is not actually your problem, it is something for those in the management team to resolve.  You say things cannot wait but you can only do one thing at a time.  You need to go in, do what you can and not worry about anything remaining at the end of the day/week.  Easier said than done but that's really the bottom line.  Speak to your line manager, and put in writing, that the workload is unmanageable.  As them what should be priorities, and keep them informed of any backlog.  Once you leave work switch off from the job.

prowla

The employer is taking the proverbial; you can reject the additional work and make your plans to leave.

TELLIT01

I would just add to my previous comment, that I once worked with a guy who didn't take his lunch break and would stay to do unpaid overtime because he had "More work than I can complete within office hours".  He wasn't seen as the hero by management, he was seen as the person they knew they could always dump the work on.  He didn't get bigger payrises than anybody else either.