Acting Up - when should it be regularised?

[Enterthewolves]

I was moved from my substantive post on the 6/12/19 - I was given a six month agreement that I would be working at this higher level (2 grades higher) but that the arrangement was temporary and if I was off work for more than 2 weeks this would end. This arrangement has now been renewed in three month blocks until 31/12/21 (ie 2 years).

In December 2020 I resigned - I was asked to stay and agreed to stay if the role was made permanent and I was placed top of scale (I have been bottom of scale throughout). This was agreed and I have this in writing from my line manager - however this has not happened.

I am now being told I may have to interview for the post - it is unclear if this will be competitive or not.

Given that I will have been doing this job for two years in December and that I have in writing that the role will be made permanent my question is do I have to interview, and can I ask for back pay to December 2020? Any thoughts?

It will depend on your company policy. If you're civil service, each department has it's own procedure for this - managers may not be familiar with it but HR should be.

HR are saying I have to interview so I guess I’ll have to. I wish I’d just taken the other job, what felt like a validation has just turned into a total letdown.

It is very normal for you to have to apply for and be successful at interview to get the permanent higher role.

However, they agreed to pay you the higher salary in December 2020 and there is no reason why you are not being paid this in the temporary role.

I would contact your TU and/or ACAS.

My advice is to play the long game and apply for and get the permanent promotion first. Do not let them drag this out even longer, as they have strung it out for 10 months.

Once you are permanent wait for your first salary, if it is top of the pay range then write and request back pay enclosing a copy of the written confirmation you received. If they don’t pay top of the scale write and request the higher salary as promised from Dec 2020 again enclosing the written confirmation. In both cases give them 10 working days to respond.

After 10 working days if no response, or they say no, lodge a grievance for unlawful deduction of wages.

Also consider applying for other jobs as you may have to make a choice between staying in the role on a temporary basis on pay band minimum or leaving.

I was interviewed when I first got the secondment almost two years ago. The letter confirming permanence was 10 months ago. I’m speak to my TU today. Thanks.

You were told in writing that you’d be made permanent and have a pay rise in December and it’s still not happened 10 months later?

Presumably you have raised it before, what has been the response?

The response has been that is in hand, and that it will be resolved shortly.

@Enterthewolves

The response has been that is in hand, and that it will be resolved shortly.

That’s far too vague. After 10 months? You need to get clarity on what the hold up is. Is it payroll? Or something else?

Time to consider a formal grievance about non payment of wages.