Offered permanent role but asked to start early as temp on lower pay!

[BreadIsBetterToasted]

I am currently on a temporary contract working for a company through an agency.

I was recently offered a permanent role on a higher salary in a different department of the same company. I went through the same application process as any outside candidate.

I've been offered the role through email but official contract has not arrived yet.

My new manager and I had agreed on a start date but I have now been told that it would have to be at least week later than agreed because of HR checks etc. This would be fine with me - I am OK for money and was actually looking forward to having a bit of a summer break.

However, new manager has told me she is keen for me to start as soon as possible and suggested I start as a temp in the new department for the time being until my permanent role starts. I assumed my temporary pay would be adjusted to match the permanent salary, but was told no - the temporary contract would continue on the current terms i.e. I would be being paid less but expected to do the higher level job!

I would be quite happy to wait until the permanent position actually starts, but it seems as though the department really want me to start as soon as possible - but are not willing to pay me any more.

I am also worried that the HR checks could potentially take longer and that I may be stuck on lower pay without a permanent contract for weeks. A similar thing has happened to colleagues.

I would like to say to my new manager - either I wait until the permanent role is actually available OR you adjust the temporary pay to match that of the permanent job if you are so desperate for me to start. This job is higher level than my current temporary job and I feel that is only fair. I know the company are able to offer higher pay to temporary workers.

The issue boils down to: I would happily wait until my permanent role is available, but my new manager wants me to start as soon as possible, but on lower temp pay, which I don't feel is fair.

I am obviously a bit worried about antagonising my new bosses, can anyone advise me on what to say to them?

Does sound dodgy. I would ask for terms and conditions in writing before agreeing to move.

How many weeks are they saying it will be until your permanent contract starts?

I've already told the temp agency I would be leaving because I am due to start this permanent role.

They say it should be only a week, but I know someone whose HR checks took 4 weeks to process and I'm worried something like this may happen to me.

I wouldnt risk it. Either you start as temp on your new salary as that is what the job is worth or you have a break. Is your permanent job definite?

I don't think they are a dodgy company - they are known as a good employer locally.

This was apparently arranged behind my back between my current supervisor in my temporary role and my new manager without first consulting me. My current manager even called my temp agency to let them know this would be happening! I'm annoyed that they think just because I'm a temp they can push me around.

I've had an email offering the role: "We are pleased to offer you the position of XXXXXX with a basic salary of XXXXXX from 16th July 2018." Is this legally binding?

My contract is apparently in the post but yet to arrive.

I don't want to start off on the wrong foot with my new manager - what can I say to her to point out this is unfair?

Anyone?

I'd be taking that email as confirmation. Don't take the lower paid option if you're ok for money.

You should receive contract soon so I'd just wait till then..if it doesn't come just go in on 16th with that email ready to be used.

It would be inappropriate and unprofessional to agree to do a higher level job without being paid for it. It is OK to decline.

”I am also worried that the HR checks could potentially take longer and that I may be stuck on lower pay without a permanent contract for weeks.”

I suspect the checks might be hurried along a bit if you say no to this suggestion and don’t start work until the permanent post starts. If you agree to start temping in it at a lower rate, there’s no incentive for anyone to hurry up.

”We are pleased to offer you the position of XXXXXX with a basic salary of XXXXXX from 16th July 2018."

That’s for the permanent post? But you are now being informed that date isn’t ok? And presumably your contract which is on the way will not have that date? I don’t think you can in that case hold them to 16 July, they’ve given you sufficient notice to change that.

Hold firm about not starting until you’re paid properly.

Yes, now they say they are aiming for the permanent contract to take effect 23rd July, but I am worried that once they get me in as a temp they may take longer than they say (as they have taken up to four weeks with other employees).

I'm thinking of saying:

"Legally, I wouldn't be comfortable starting a level XXX job on pay lower than the minimum required.

I would be willing to start on a temporary contract with the pay increased to the equivalent of my new role, or with back pay to make up the difference before my permanent contract started.

If this is not possible I would much rather start the role on a permanent contract."

Should I offer this suggestion of temping for equivalent pay, or stick to my guns about only starting as a permanent employee?

I wouldn’t refer to legalities.

You could say that you were offered a basic salary for the job, to start from 16 July (now postponed by them), and would like to receive that salary from starting in the job. from your recent conversations with [recruiting manager] you now understand that this should be possible from [date].

You would ideally like to stay in your current role until you have your contract and a confirmed start date for starting in the permanent, salaried role. Or perhaps they can suggest alternatives, for example a short holiday or a week’s payment as a temp on a higher rate.

It's a bit strange that the temp agency apparently isn't going to get a finder's fee for you to transfer from its books to the company's, but perhaps you've been there long enough for that to have lapsed. If that's the case (and, from my temping experience, it would be very strange), then it would be in the temp agency's interests to slow down any HR checks that depend on them.

Your new company really ought to be being firmer and more proactive about this, whatever the reason for it. The fact that the new manager is pushing this disadvantageous setup as a solution probably means this sort of thing has been done before; it's part of the company culture. However, it's outrageous to contract to pay someone a certain salary "once the funds have been released" (which is what's happening here) and simply demand you to work at a lower level than agreed.

This is the point at which you have some leverage. If you agree to this, you will lose bargaining power and be subject to any and all unverifiable delays in the "HR checks."

Write formally to the new manager, somethong like "I am writing to acknowledge your letter of [date] notifying me of the delay in arrangements for the new job to start. I look forward to swift processing of the necessary formalities and to working with you. Yours, etc."

Don't acknowledge this temp business in writing, and if the manager pushes, there's nothing offensive about being very matter-of-fact about how it doesn't suit you to continue temping, and at a lower salary. If the manager trirs to pretend to take offence or be "antagonised" (no-one's worrying about antagonising you!) as you fear, you can be light-hearted but assertive: would you forego a pay-rise? Ha ha!

I wouldn’t accept back pay or refer to legalities.

“Good morning

Further to our conversation, I am delighted to accept x post with a starting date of x. I would be happy to start this role and therefore my new contract earlier at the appropriate salary.

Should this not be possible, I would look to commence my new contract on x and have x annual leave to take making my last day in temp role x. I will then take unpaid leave/annual leave until x when I commence my new position.”

Or something like that.

""Legally, I wouldn't be comfortable starting a level XXX job on pay lower than the minimum required"

What do you mean "legally"? I would leave that entire sentence out as not making sense and being unnecessary. Just say you're prepared to either start as a temp on the equivalent salary on x date or to just start on 23 July in the permanent post. Nothing else is needed.