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DH skilled rate question

10 replies

BettyBetter · 07/02/2021 12:39

Trying to ask this question without it being too identifiable.

DH changed section at the beginning of 2020. He was told that his current qualifications wouldn’t be enough to put him on skilled rate.

He was then told he could take a further qualification, to be funded by himself, HR then quibbled after going back & forth and offered to put him on an apprenticeship at a cost of about £4K to the company, this wasn’t an adult apprenticeship, this would have been 4 years at college. Only after would he be deemed suitable to be put onto skilled rate!

After Covid etc and return to work last May, an apt was eventually set up so that the senior skills person could come and talk to DH to set up the apprenticeship. After a 5 minute conversation discussing qualifications and experience, this person immediately deemed it impracticable and that DH didn’t need an apprenticeship. He then suggested DH should only need NVC level 3, and he’d look into funding.

In the meantime DH made contact with an official qualifications body (Institute of the motor industry IMI) who deemed DH current qualifications matched the modern NVQ level 3, which the skills officer had initially said wouldn’t be enough. Again, much delay from HR, another few months go by, delay after delay.

We’re finally at a point where there has been an agreement from HR that DH is indeed qualified for this position and he in fact should be paid a skilled rate! No further qualifications are needed as he is suitably qualified! Only taken a year!

Now, there was talk of back pay, HR have basically offered 2 months back pay! This has been going on for over 12 months and DH should have been paid the correct rate from the beginning. Not only that, he has worked many hours of overtime on a lower rate than his colleagues.

My question is (if you’ve made it this far) where does he stand with stating a firm no to this offer! He’s saved the company at least £4K on a course he didn’t need to go on and that’s all they’ve decided to offer him!

He’s about to join the Union again but is this something they would take on for him if HR don’t do what’s right?

I’ve been a bit vague with some info so apologies if it gets a bit confusing.

OP posts:
BettyBetter · 07/02/2021 12:48

Just have to add, if DH hadn’t have contacted the IMI he would have been made to go through the NVQ course, when it wasn’t necessary, either that or stay on his current pay rate.

HR have also said they’re only back paying a few months as that is when the IMI confirmed that his qualifications were actually sufficient! Again, without DH contacting them, this still wouldn’t have been sorted out.

If anyone now is in DH’s position and they are new to the section, they will be paid skilled from the get go, so he feels that he should get back pay from when he started!

Would appreciate your thoughts.

OP posts:
rwalker · 07/02/2021 12:48

Union may offer advice but generally won't deal with retrospective problems.
It's like insuring your house for fire after it's burnt down they won't pay out .

BettyBetter · 07/02/2021 12:51

@rwalker thanks, I did think this might be the answer.

OP posts:
BettyBetter · 07/02/2021 12:52

Although it’s possibly something DH could fight for, as they’ve now admitted he should be on skilled rate.

OP posts:
Aprilx · 07/02/2021 14:42

Other than minimum wage legislation, there are no laws about what companies should pay employees. So this is a matter of contract not statutory law. Whether he could claim a breach in contract would depend on how the contract is worded, but I assume it stated what he would be paid and he agreed to work for that rate. Do you know how it is worded?

BettyBetter · 07/02/2021 17:16

@Aprilx DH moved from a non skilled area to a skilled area, no new contract was given, horizontal move within the company. Unsure what original contract states from when started in the unskilled area, need to find it.

OP posts:
daisychain01 · 08/02/2021 07:43

How much extra money are we talking about here?

If you're arguing for 10 months' increment which then has to be taxed/NI'd, your DH needs to decide whether it's a sum of money he's prepared to risk souring the relationship over. Cost/Benefit.

If they refuse to budge, maybe a compromise could be reached at say 6 months back pay. Better that 2 months. Plus a pay review after a year.

daisychain01 · 08/02/2021 07:45

Even if he doesn't get a new contract, as it's a change in status from unskilled to skilled he should insist they confirm that status change in writing, with the effective date.

AgentStarling7 · 08/02/2021 08:26

@daisychain01 he’s lost out on £3K over 12 months, he received a letter stating he was now on skilled rate.

AgentStarling7 · 08/02/2021 08:27

Sorry, I’ve changed my name again Grin

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