Its a case of a team of care workers, and the team have been upgraded in pay to a certain level. I must stress the team have been awarded it. As long as there are no performance related issues or disciplinary etc, can the company disclude two members of the team on the basis that they forgot to include them? I work with people who are on varying salaries due to experience and their negotiation prior to working for the company, but this is different. And the questioon is for my partner.
2006-12-04 05:02:06 · 5 answers · asked by Nick L 2 in Business & Finance ➔ Careers & Employment
UK Law...
On the basis they forgot to include them? A Company would be stupid to admitt that or they would be obliged to re-evaluate and back date the payment.
The Company can justify the difference in pay rates when:
** It relates to length of service (less than 5 yrs only, more than five years makes it age discriminatory - Employment Equality (Age) Regulations 2006)
** there is a genuine material difference between the jobs...i.e. one has more responsibility than another and warrants more pay. (The Company would be careful when comparing male and female pay to ensure that it is Equal (Equal Pay Act 1970))
** If one employee is more skilled at a job than another, sufficiently skilled in the right skills to perform that job more effectively and/or more efficiently to warrant more pay.
But, going back to my first point, it doesnt sound right that they can withhold a pay rise on the basis that they forgot, even though there is no obligation to give a pay rise (providing it is above National Minimum Wage).
2006-12-04 06:34:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Hello,
The problem with rates of payment for a job or a position, is that most companies set out there own rules & regulations on this topic. This also includes what the thresholds are for increases or promotions or salary increases.
The bottom line is the company can and will do as it likes and those are its rules so if someone doesnt like it, then you have a limited number of options.
**So to answer your question YES! this company or organisation is well within its rights to include or exclude any employee within the pay raise scheme.
**As long as the company doesnt breach either normal UK Laws or normal UK company laws such company behaviour remains legitimate even if we dont agree with it full stop! for example you dont think its justified on moral or ethical grounds,etc.
IR
2006-12-04 13:32:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the team as a whole have been awarded the rise then all members of the team, unless there are performance issues and these have been pointed out, should receive it. The excuse that they were forgotten is most definitely wrong. Has your partner received anything in writing or told verbally why he has not received the award? I would strongly suggest you ring your local citizens advice bureau and ask them. Or you can try them online on http://www.adviceguide.org.uk/nm/index/life/employment.htm
Alternatively you can contact www.acas.org.uk who may be able to point you in the right direction.
Good luck!
2006-12-04 13:17:57 · answer #3 · answered by JACQUI S 3 · 0⤊ 0⤋
It is not obligatory to give pay rises, with the exception of minimum wage levels. There may be a union agreement with an employer (such as in the NHS) whereupon all members of a team get the rise... but an employer does not have to give everyone a rise.
2006-12-04 13:06:43 · answer #4 · answered by Boring Old Fart 3 · 0⤊ 0⤋
Doesn't sound right, does it? Does your partner have a union rep? If not, then can they get one really quick as it sounds like they need some professional employment advice here.
2006-12-04 13:05:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋