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Emloyment lawyers - opinions on legality?

Dopper2, 19 February, 2009 at 20:36 Posted on Off Topic Posts 0 5

I was recently promoted, which was a nice vote of confidence from my managers. Process is that your manager recommends you for promotion, decisions are made behind closed doors. The individual doesn't request the promotion, or even know it has happened until told in their annual review.

The promotion comes with increased responsibility, increased performance targets, more variable bonus payments and greater risk of redundancy. All of which seems reasonable and expected in return for the benefits that come with promotion. The issue is that the firm (used to have) has specific pay levels for each grade of seniority. Bonuses fluctuate with performance of the individual and the company, but base salaries were uniform - until this year. Those promoted this year were not given the salary increase associated with the change in role and so are paid 75% of others in the same firm doing the same job. My manager found out about the salary freeze an hour before the performance review where he told me I'd been promoted. He clearly felt sick that he'd put me up for a position of greater risk of redundancy without the associated salary increase to compensate for it.

I'm now in a position where I am doing the same role/responsibilities/risk of redundancy as others but on significantly less money. It feels wrong, but I assume the company took legal advice before doing it as they are generally pretty paranoid about being accused of discrimination. Is it legal to have people doing the same role for different base salaries when there has previously a set figure for everyone? Or is my company taking a punt that no-one will complain for fear of losing their jobs?

Thanks for any views.

5 replies

Latest activity by Tanta, 20 February, 2009 at 00:09
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    Beginner
    timotei ·
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    Sorry, I have no advice, but that is really rubbish and I hope you can resolve the issue to your benefit.

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    Dopper2 ·
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    Thanks timotei. Part of me feels quite resentful and another part of me feels like I should be just grateful for employment and a promotion...

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  • Baby Buns
    Beginner September 2007
    Baby Buns ·
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    Is there anything in your contract about promotion and payments? I'm not an employment lawyer but I think it's something they can do as you've been given a promotion with a payrise, regardless of whether that matches those who got it say a year ago. The only things I can think of that could be discriminatory is if there is sex or age discrimination, but presumably those promoted before you have been both sexes and you don't have to reach a certain age before you qualify for promotion?

    I'm sure someone much more experienced will be able to give you abetter answer.

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    timotei ·
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    Not the same as your situation, but my work have announced no pay rises this year. Everyone says we should be grateful to have jobs, which I am, but it's a bit galling when the company is still doing very well! It feels as it they are using the recession to their advantage....

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    Dopper2 ·
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    Babybuns - I haven't reviewed my contract recently, but I'm pretty sure it only mentions the salary I started on (and associated grade). Previous promotions include the range of gender/age etc so there is no discrimination except for the year of promotion.

    I think it was timotei who mentioned general salary freezes - we've had that too. Salaries within the same grade were frozen last year, but promotions got the salary increase. Definitely grateful that I'm still employed, though I'm a bit concerned that the promotion makes unemployment a greater risk.

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    Tanta ·
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    Can you refuse the promotion? It isn't the job you applied for and this seems a pretty strange way to go about increasing a persons responsibilities etc.

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