Boss admits to underpaying me!

[IrishCypriot]

posting here for traffic, sorry.

I work for the NHS as a Band 4 (£22k+), however I have been told by my boss that I am the ONLY person in my role at this salary, all other admin staff doing my job are paid at Band 5 (£26k+).

Apparently the only way for me to get Band 5 is to apply for my job again under a new JD and there is a 90% chance I'll get it.

1. 90% is not 100%
2. This means I can't insist on backpay if they admit they've been paying me the wrong salary all this time

Is there anything I can do???

I am also going on mat leave soon so I think this is their reason for not upping my pay now. Can I claim maternity discrimination?

I don't know the NHS but pray able to move between bindings you need to get promoted? He's offering you the chance to get it.

I don't think you're entitled to back pay and it's not maternity discrimination. Plenty of admin in my firm are in different salaries.

Put in a grievance.

Sorry I didn't explain enough in my previous post.

My Band 5 salary was agreed and I was apologised to for being underpaid and told this would be rectified ASAP.

The director then found out I was pregnant and declined my request (he has the ultimate say)

I also confirmed that I would get back pay, but obviously not under the new JD as they can say it is a different job (which it's not!)

Thanks @PositiveVibez that's most probably the way to go!

Have you got a union rep you can speak to? Surely they will have all the impartial info for you - unison or GMB are the common ones in my trust. If you re-apply for your job without proper RL advice you could potentially lose your mat pay with a change of contract? If you have been underpaid I would hope the unions could sort out backpay for you.

If you have proof of the band 5 offer then take it to HR and ask for it to be recified. If you get turned down ask about the equal pay act - as you are doing the same job for a different banding. Can you get hold of one of your collegues job descriptions who are band 5? If you can I dont think they have a leg to stand on. Dont accept reapplying at this point. Are you in the Union - if so speak to your rep.

Why are you a band lower? Have you been in the job a lot less time than others in equivalent roles?

I work for the NHS, jobs are being down banded all the time, it's disgraceful. People who have been in the roles years keep the higher banding and they only take on new people on the lower banding. When I was full time I had more work and responsibility than some a band higher. Since coming back from mat leave and gone part time I've put my foot down a bit and not get stuck with too much work

Cross Post, sorry

That does sound like discrimination.

@undesticgodde55 thanks, I will speak to unison, luckily joined them a few months back! (Before any of this happened)

@LittleOwl153 I have email proof, however I think our HR dept is dodgy! So I am not sure where to turn.

@KingMash been in post for roughly the same time as others, maybe a little less but not much. Kicker is I have 10 years more experience than all of my colleagues (this has been discussed at our monthly meetings for me to take the lead) - this hasn't been recognised either where pay points are concerned!

@Mmmhmmm thank you - I have no idea how I would prove this as it's my word against the directors, this is my only battle

This whole thing is making me ill through my pregnancy. I am signed off at the moment due to unrelated pregnancy problems but I am convinced the stress of this just isn't helping.

They've delayed it long enough now anyway that it won't be considered in my maternity pay (due to the calculations they do) even if I were to get onto the correct banding!

I would look at how you raise a complaint and the process for rebanding your role. Since agenda for change, your band (and pay) should be based on what you do in your role (these bands and their competencies are publicly available). I'd take some legal advice from your union on being put on a lower band due to pregnancy too.

Do you have a union you could take to, ir go via Hr

I left working in the NHS nearly 10 years ago, so things may have changed (and money is much tighter now as a result of austerity). One of my admin workers moved up a band as we could demonstrate that she had been completing tasks at the higher grade. I managed other admin workers on grade 4 (and 3), it was about the tasks she was completing, whether these were part of the job role even if they weren't currently written in her current job description, and what banding these tasks should be graded as.

If I was in your position, I would ask to speak to HR about the process as you don't understand why you need to be re-interviewed for your current post. Ask for a copy of the new job description and see whether it is a fair representation of the tasks you currently complete, and say you feel you should be transferred into the new post rather tha reapplying. Are there any differences in the tasks the other admin workers do compared to your role? I would try to keep the discussions friendly with my boss and HR though- as while it is a draft job description it would be easy for then to reconsider and change a few words to make it band 4 again (I.e. they are holding all the cards at the moment even though they should be ensuring your tasks are appropriate for your pay band).You could phone ACAS for confidential advice to check what you need to say and do going forward.

Just seen your update about it having been agreed in the past. I agree with putting in a grievance, also do speak to ACAS. Best wishes, it's terrible that this is causing stress during your pregnancy.

I have bee out of the NHS a while but have dealt with similar situation. You ask for your job to be re-assessed on what you do rather than what your JD says. If it is regraded you do not need to re-apply. There were loads of these at the time of A4C.
If the regrade has been agreed in the past- as pp have said put in a grievance and I think there is also the pregnancy element as well - as there is a potential discrimination issue.
And insist that your mat pay is based on what you should be paid,
Good luck. Unison reps can be variable - but you can always ask to speak to a full time official at regional office if you don't thin they are sticking up for you.

Thanks everyone for your comments.
I have a strong feeling that my HR department is under the thumb of this cut throat director as well.

I have already asked multiple times to view my generic job description plus that of a Band 5, and I was declined on all accounts. I now realise this is because my job is a Band 5 JD and this would've become apparent had I compared them. My boss previously lied to me and said that he 'didn't know' what other staff in my specialty were on, but he thought it was Band 4.

The differences in my role is that I actually do more than the others who are getting paid more than me!! I don't understand it at all.

I have been fighting this since October (found out I was pregnant in November) - had to tell the boss early on re pregnancy as I was so unwell, so I really do think it's been a case of postponing my payrise so they wouldn't have to give it to me prior to maternity leave.

I am so upset by this as this would really have made a world of difference to my new family. We could have lived comfortably for a change!

I have contacted my Unison rep and will also phone ACAS when I am feeling a little more up to speaking. At the moment, being a keyboard warrior is all I can be as it allows me to stop and take a break in case I get poorly!

Daisymay - thanks for your message.
I will definitely consider a grievance and will consider putting this in whilst on sick leave too. I am definitely not well enough to be at work at the moment but not doing anything is also driving me crazy! So in a strange way may assist my recovery..

Trouble I am finding is that a lot of these discussions haven't been in writing and also a lot of it is my speculation (that other colleagues will also agree with) so it's not like I can prove anything, e.g. the director declining due to the pregnancy. He is a smart man so certainly would not have put this in writing

How was your Band 5 salary agreed? A regrading or a change of role? The latter may be little more than acknowledging what you really do but won’t get you the back pay.

Have they advertised your maternity leave yet? And if so at what?

Really do get some real life advice so they the ‘offer’ emails you have had can be looked at.

Any back dating can mean that you go up increments - depending on timescale - so could make quite a difference to your maternity pay.

Good luck!

@NWQM it was an "upbanding" (exact wording from the email) rather than a change of role, so yes a regrading.

The change of role suggestion came later when my boss went back on his written word and told me the director had declined my request.

They have not advertised my mat leave yet, but I am guessing they could get away with putting it at Band 4 seeing as that is what I am currently on.

I worked it out and the increments plus the upbanding would've put me at £200 better off a month after tax etc! Would've made a world of difference

I'm not surprised OP.

One of my relatives was a speech therapist in the NHS and was involved in this case www.theguardian.com/politics/2004/feb/01/workandcareers.gender

They eventually won and her payrise was backdated over (IIRC) 10 years and was a significant amount.

Are you sure as a band 5 you will get £26+? I am a band 5 and only on £24 and have a maximum earning potential of £30 which I won't reach till 2022.

But regardless of that it does seem they are being very unfair if you arw doing the same job on a lower banding. Are you a union member?

@Stupomax wow just read the article. It's disgusting really isn't it. I am sorry it took so long for your relative but glad that it came through in the end. Proves that perseverance is worth it!

@anxiouswaiting oh sorry, I'm in London so that'll be with London weighting!

I'm currently on 25k but should be on 29k, and that'll put me mid point in the band due to having high cost area.

I am with unison and have contacted them, but sadly both my HR dept and the unison reps attached to my workplace have a bad reputation for being unhelpful! But I am going to try my best

Happened in our department a good few years back - our team were on band 3 when others doing the exact same job were a band 4. Our Unison rep had a crappy reputation too but he sorted it all out for us and although it took about 6 months we got rebranded and a few years backdated pay (this was in east London, a hospital that’s now part of Barts and the London Trust)

I’ve been a manager a long time in the NHS and I have never heard of upbanding. Your post can be rebanded.... using AFC banded posts they can decide you were incorrectly banded. Upbanding sounds like a fudge by the manager that his director called him out on. Did you do a job assessment and do you have a copy of it?