NHS Pay issue

wayneyb

Hi all, I am seeking some advice with regards to my partner, apologies in advance for the long post

She left her role last summer as a Teaching Assistant in a primary school, being successful in an application to be a Trainee Maternity Support Worker within the NHS

The post was advertised as NHS Band 3, and was an increase in salary to her previous job where she was pretty much minimum wage. It was also moving from part-time to almost full time hours

Her contract states she is employed at NHS Band 3 and this is what she assumed she was being paid, nothing has been said or indicated to her on the contrary. She is doing a qualification course alongside as part of role also

With her working more hours per week, plus additional occasional 'bank' shifts we didn't notice anything incorrect

Fast forward to last month, NHS staff received their annual pay award increase plus some back pay - when she got her payslip she had no wage rise and no arrears, when she queried this she was told as she was a trainee she didn't qualify for the raise, a contradiction to what her manager had told her previously

Upon a closer look at her wage slip, and wage slips back to when she started, she is in fact being paid exactly minimum wage and has been ever since she started.....surely this cannot be correct?! Minimum wage is approx 90p less per hour than the bottom of NHS Band 3

The job advertisement stated NHS Band 3, her contract states she is a Trainee MSW and the renumeration part of the contract states starting salary as NHS Band 3

She queried with payroll, firstly they said she had gotten the pay and arrears, then corrected themselves and said when she started they have a form submitted reducing her wage as she was a trainee/apprentice

She has no knowledge of this form, she has asked to see a copy which we are waiting on

She is certainly not an apprentice, and the contract she signed acknowledges she is a trainee but still states Band 3 salary

She has taken this up with her manager but is getting nowhere fast for a response

From looking at NHS pay Bands, even Band 1 is more than minimum wage so we are struggling to see how she can be paid at the rate she is

Not sure if anyone can offer any advice or indeed correction if they have any knowledge of the NHS bands/trainee roles and if this is correct or not?

It just seems very wrong that a job can be advertised at a certain rate/Band, confirmed in her contract also, but in reality you get minimum wage??

Thanks in advance for any responses

marcia_

 Is she a member if a union? If so get advice from them too. 

Flugelhorn

if the contract / offer letter says band 3 then that is what they should be paying. 

the form they were referring to would not have been something she completed but from the manager / department to HR / payroll

cr1mson

This is an advert for a similiar post

Job Advert

It states that for the trainee post, candidates will be required to undertake an apprenticeship at level 3-maternity modules over 12-18 months are you sure nothing was mentioned about an apprenticeship? 

Flugelhorn

cr1mson said:

This is an advert for a similiar post

Job Advert

It states that for the trainee post, candidates will be required to undertake an apprenticeship at level 3-maternity modules over 12-18 months are you sure nothing was mentioned about an apprenticeship? 

ah so perhaps it is a level 3 apprenticeship and not a band 3 job

strawb_shortcake

Flugelhorn said:

cr1mson said:

This is an advert for a similiar post

Job Advert

It states that for the trainee post, candidates will be required to undertake an apprenticeship at level 3-maternity modules over 12-18 months are you sure nothing was mentioned about an apprenticeship? 

ah so perhaps it is a level 3 apprenticeship and not a band 3 job

It does state pay band 3, but presumably this was before the 24/25 pay increase was announced. 

The government department I work in, the NMW is causing several issues as the lowest two pay bands have very little difference and those in the higher pay band keeps getting temporary uplifts so they aren't earning the same.  
But PB3 looks pretty close to NMW. 

My department also states if the increase in NMW exceeds the annual pay increase there will be no further increase to those on NMW. Perhaps this is why the OP's partner is not getting any further increase?

Jami74

What does it say on her payslip under 'Job Title'? For those under agenda for change it usually has the band there. And there should be an amount which is the annual salary.

wayneyb

Thanks for the comments above - here is her contract with a few bits of identifying information redacted

No mention of this role being an apprenticeship, the contract is for a permanent role after initial 6 month probationary period, at a salary on NHS band 3

If it was an apprenticeship surely that would have to  clearly be stated within her contract?

wayneyb

Jami74 said:

What does it say on her payslip under 'Job Title'? For those under agenda for change it usually has the band there. And there should be an amount which is the annual salary.

Job title on payslip and band:

Jami74

It says Review Body Band 3 on the payslip. What makes you think she's not being paid a band 3 wage?

Are her contracted hours less than 37.5?
Are you working out her hourly rate from the Gross (pensionable) pay? 

wayneyb

Jami74 said:

It says Review Body Band 3 on the payslip. What makes you think she's not being paid a band 3 wage?

Are her contracted hours less than 37.5?
Are you working out her hourly rate from the Gross (pensionable) pay? 

The hourly rate on her payslip is £11.44, which is minimum wage

She is contracted for 30 hours per week but hourly it should still reflect Band 3 which is £12.31 per hour according to the latest pay award