Employment Advice

Soldato
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8 Jan 2003
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Scotland
Before I ask the question(s), I'll give a bit of background.

I worked for Comapny A, who decided to merge with Company B. A few months before merger, the new organization structure was published which indicated a few new posts in the organization. I, along with a few other people, applied for one of these posts, which was a management post (I was in a non-managerial post).

The interviews were held a couple of months before merger and I was offer the job, which I accepted. It had been indicated/implied at the time that my salary would be sorted out once my post was official, i.e. after merger.

3 months after merger and there was still no news, so I began to question why. To cut a long story short, I was passed from pillar to post and then finally told that as part of the merger process, all jobs in the new organization were being evaluated. This new job that I was doing would be part of that evaluation.

So, here we are, 7 months later and I'm now being told it could be anytime between now and June before I hear anything. In the menatime I'm expected to do the job I'm doing, with significant increase in responsibility and pressure, without the renumeration for it!! :mad:

The reason I was given for the situation was because I wasn't on a personal contract before the merger, I was part of a collective union committee. So I have to wait on the unions dragging everything out, I'm not even a member of the union so if I ask for advice, I get nothing.

The only positive thing s is that I've been told that any pay rise will be back-dated to the first day of the new organization. But that's besides the point as far as I'm concerned.

Anyway, my questions are;

1. Can I force this issue along in any way? i.e. get a lawyer involved, etc

2. If I was to get another job and left before the salary was finally sorted, would I still be entitled to the back-payment as I had been doing the job during that period, even though I'm no longer with the company.
 
If you are performing a roll and are unhappy with the Pay you are getting for it, then there is no reason why you cannot goto your direct manager and ASK for a pay rise. If they just turn around and tell you to wait then go see the HR department. It is fully within your rights as an employee to do this. Unless there are strict clauses within your contract.

Dont get a Lawyer involved. seek legal advice but i doubt that they would be of much help to be honist.
 
1. Can I force this issue along in any way? i.e. get a lawyer involved, etc

do you have a new contract stating your new comp & benefits ? if not, nope nothing you can legally do..

2. If I was to get another job and left before the salary was finally sorted, would I still be entitled to the back-payment as I had been doing the job during that period, even though I'm no longer with the company.

see above, no contract, no chance.
 
If they are carrying out Job Evaluation then they are within their rights to postpone any regrading of existing posts until such a time as the evaluation has been completed. However, if you change job roles as you have you should be moved on to standing grade for that post, with the caveat that the grade will be subject to JE and may go up or down.

As part of the job evaluation process there should be documented procedures for the protection of staff who's grade may be reduced and backdating of pay and benefits for staff who's grade is increased.

Do you have a contract of employment for your new job?
 
I can't advise you in any way, but I am going through a very similar thing at work at the moment. Rather than a merger, this has been more of a takeover of my (smaller) firm.

The new company buying us out has a union (which I've joined) and yet still, despite promises and TUPE regulations, we've not been properly consulted on job evaluation. It feels like we've been sidelined, and at times it feels like I'm talking to a brick wall when I try to communicate with them on the integration side of things. I just feel lucky to have a job at this moment in time!
 
I have a contract but it relates to my "old" job. I was officially offered the post by letter, which I accepted in writing. I haven't yet got a contract. However, I can't see how they can dispute anything.

A contract can be verbal as well as written can it not?

Anyway, I'm getting extremely fed-up and frustrated with the lack of progress or communication with HR. They also seem to be able to make their minds up as they go along. The whole thing was initially supposed to be finished by now but now their saying it won't be done until June.

Basically, I went through applying for the job the same process as anybody would, e.g. apply -> interviewed -> offered job. The job has a description and roles & responsibilities. However, it didn't technically exist until the day of merger, and at that time I wasn't on a personal contract, I was on a standard contract on grades and scales.

Basically, if my previous job had resulted in me being on a personal contract at the time of merger, everything would've been fine, which I think is wrong. Other staff who were on personal contracts and who got promotions out of the merger have had their salary sorted months ago :mad:

Double standards!!
 
A verbal contract becomes binding after 12 weeks. If you have a letter Stating what you would be paid then there is no reason for them to dispute it.

Basically, if my previous job had resulted in me being on a personal contract at the time of merger, everything would've been fine, which I think is wrong. Other staff who were on personal contracts and who got promotions out of the merger have had their salary sorted months ago

bring this up when speaking to them also rather than just speaking to them write to the HR department demanding that thay contact you by a set date.
 
Surely if it's in conflict with your contract then they cannot do this? i.e. if your contract states you do workload a and you are now doing workload a and part of b.
 
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