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?

Also have they been clear what applying for a job means - they don’t mean your current job do they? Because yes you could blow the interview and then what. Are they do a restructuring by the back door? Potentially could all be in your favour and trying to help adjust something your manager feels is unfair but....I know it’s had because you are stressed already but resolving this could help. Fingers are crossed for you.

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!

There's another story about it in the Guardian www.theguardian.com/uk/2000/may/08/kevinmaguire

"A group of women speech therapists is to share £12m in back wages to settle a landmark equal pay battle that began 14 years ago.
The 351 NHS staff, who celebrated a European court victory six years ago, will finally receive compensation worth an average of £34,000 within a few weeks. Under the deal negotiated between the Department of Health and MSF union officials the highest awards will be £70,000."

Sorry to derail your thread, but it reminded me so vividly of the day my relative took me out to lunch and when I offered to pay the bill she laughed and said 'No no, I've got this one' then told me the full story.

@HalfBloodPrincess I'm happy to spend 6 months fighting! However long it takes. Glad you got your result in the end, that's reassuring to hear. Ps love the name!

@NWQM I do think he meant rebanding. I've also spoken to the clinical director who is behind me on this. It's the divisional director who had put the brakes on. I've never been given the tools or anything to do a job assessment, have been treated very poorly. They just don't act in the hopes that I get fed up and the problem goes away.

Yes, they do mean applying for my current job (with added responsibilities which bring it to a Band 6 post IMHO, but that's another story!) and I've been told that there is a 90% chance I'll get it. Not usually one to be negative, but that's not a shoe in so I'm reluctant to agree to this and then not get the job! That would leave me jobless and also with no maternity pay

Did you apply for a band 4 job, or a band 5 job? What band does your contract and job description say? It's quite possible to have band 4s and band 5s in the same speciality and in similar roles. It is the job role/ spec that is graded, not the person, and it's not really relevant what others are getting paid. It's quite possible to be working at a band 5 level, but only in a band 4 role. If this is the case, you need to apply for a band 5 role when one becomes available. In most cases there's no automatic right to promotion just because you are good at your job, even if others on the team were appointed on higher grades. I think you need to speak to HR to clarify.

@Stupomax incredible. I mean, just imagine the costs of that lawsuit to the employers and all the rigmarole, they probably would've been better off settling out of court!

I can't believe we still have to deal with gender pay gaps and all the other injustices these days still.

Don't think the NHS or any other organisation will ever realise that they just need to pay people what they are worth (particularly clinical) and then we'd never consider going into private or elsewhere.

I worked out that it would cost my organisation £5k to train a new me for 3 months. Now, this is what I am asking for as a payrise across the year. And imagine if the new me had the same problems with the job that I did! Staff retention should mean more than it does, instead we're all just replaceable robots

@mrsm43s I applied for Band 4 as my job description was disguised as a completely different admin role so that they could pay less. Obviously didn't know this at the time, but it was admitted to me six weeks into the contract.

The boss and all the higher ups have further since admitted that I am the only one in my organisation on a Band 4 and I should be Band 5. So I do think it is their responsibility to regrade me rather than me try and get a promotion through a new job application

It wouldn't work like that anywhere I've ever worked. The job is graded, not the person, and you are entitled to the salary of the role you were employed to do, regardless of whether you do more than is required within your job spec. As long as you don't have a "and any other tasks as required" clause in your job spec, then refuse to do stuff that isn't in your job spec. If they want you to do band 5 stuff, then they need to create a band 5 post for you.

@mrsm43s if I don't get my band 5 as agreed, then I will be refusing all of the band 5 tasks - which is essentially my entire job just not in my JD!

I understand your point but it had been previously agreed with everyone that I was paid unfairly and I'd been apologised to because HR put out the JD incorrectly in the first instance (or at least this is who my boss is choosing to blame)

I am taking issue with the fact that my Band 5 was agreed by email from two senior members of staff and then the final sign off found out I was pregnant and declined the request

Are any of the band 5 staff male?

@Redcliff all the males in post are Band 6s! But that's a fight for another day..

The story gets worst! Good luck

Have they gone through the organisational change process of restructuring the workload / structure & created a structure that has 1 band 5 post in and deletes your band 4. You and any affected colleagues would need to have been consulted prior to any agreement and then the post interviewed. If you are unsuccessful you'd need to go through the process for redeployment. Sorry if you know all this but it really doesn't sound like the management can be following process. NHS loves a good process - you need to make sure that you have the Union on your side to make sure it's followed.

Sorry pressed post too soon - your Trust intranet should have the relevant policies on it including the rebanding process. It would be very unusual for it simply to be at the say so of 2 senior managers. There is still usually a process of business case etc to regrade. Doesn't help you though. If they are affecting creating a new job - even if you have been technically doing it - it doesn't make necessary make it yours unfortunately. All Band 4's in the Trust would potentially have the right to apply. Rebanding is usually your personal best bet but you'd have had to make the case via a job assessment.

Thanks @NWQM, you have been really helpful. I have some idea of the business case and rebanding process, I have even requested that we go through this process but my line manager so far hasn't done it!

I will have a look on my intranet when I get back from leave and see what I can do. Might even fill out the employment control form for him and just say, you do the rest! As I'm sure it's discriminatory as well if he's not even put it forward through the correct channels

I’m in the NHS and what you need is a re-evaluation of your JD. Google NHS re-evaluation and also national profiles. It has info on scoring and what you do is take your existing JD and show what has changed and also include a similar job JD for job matching at the higher band.....

www.nhsemployers.org/your-workforce/pay-and-reward/job-evaluation/job-evaluation-handbook

www.nhsemployers.org/your-workforce/pay-and-reward/job-evaluation/national-job-profiles

OP, I see you are in Unison. If your rep doesn’t sort this for you then go to the Branch Secretary. If you call the Unison helpline they will tell you who that is. They are in charge of your Branch. Some reps are brilliant, some not so much although they all get the same training.
(Retired Unison Branch Secretary here)

Thanks @gettingbacktoresearch that link is really helpful cheers

@SunnyTikka I will call the helpline tomorrow if no response from my rep thanks!