Contract dispute

[Steve31red]

Hi all .
i was looking for some advice in relation to my current job. I work for the health service and our pay is banded 1-8 and within these bands there are increments .

I was employed in a post where I was a band 6 and while in post was asked to take a secondment as a band 7 . I agreed to this for a six month period.

At the end of this I applied for the post full time. During interview I pointed out that I was due in my band 6 substantive post I was due an increment. I asked that if I agreed to take the post I would like to move up an increment level on the band 7. ( hope this makes sense)

this was agreed by the two managers interviewing and by the head of department which I have confirmed in an email.

The upshot is the finance department refused to pay me at the increment that was agreed. I remained on the lower increment and have been arguing ( usually my arguments fall on deaf ears)

i feel that I am entitled to what was agreed - but think that the only way to achieve this is through legal action
any advice appreciated

steve

[Eloise01]

Re: Contract dispute

You think this is a contract dispute, but it isn't. It is a dispute on policy and authority. It is normal practice in the NHS, that where the person is on a lower grade, new appointments are at the bottom of the grade. Unless the interviewers and/ or head of department are authorised to discount or rewrite policy, then nothing they promised has any legal weight. The finance department are correct in refusing to operate outside the employers policy without appropriate authorisation. If that is not forthcoming, then any legal claim you make will fail. To say nothing of what other impacts it may have.

Have you spoken to the union, if you are in one? And have you exhausted the internal grievance procedure, and, if so, what was the explanation you were given as an outcome?

[Steve31red]

Re: Contract dispute

The movement was directly across where the grades overlap - my argument was that if I stayed as I was the increment would have gone up anyway.

I appreciate what you have said about a contract and understand now the difference - thanks

in terms of internal procedures I spent quite a long period of time being palmed off. I am in the union but have yet to speak to them

stve

[Eloise01]

Re: Contract dispute

The movement was directly across where the grades overlap - my argument was that if I stayed as I was the increment would have gone up anyway.

I appreciate what you have said about a contract and understand now the difference - thanks

in terms of internal procedures I spent quite a long period of time being palmed off. I am in the union but have yet to speak to them

stve

Why on earth haven't you spoken to the union? They should have been the first port of call.

[Dolly77]

Re: Contract dispute

HI
i also work for the health service and am an RCN steward. Under the Agenda for change terms and conditions, If you have been promoted to a higher band then you should be offered the post at the bottom of the pay band, or, if this would result in no pay increase, the first pay point in the band which would deliver an increase in pay. Your new incremental date will be the start date in the new post. If there was an agreement made at interview concerning pay point, that should be upheld, even better if you have it in writing. If you were within a couple of months of your increment it is not unreasonable to progress to the next point on the spine. You must get your union rep involved, they have more clout than you think.