Employer attempting to change terms of contract by implied means

[big_pearce]

I am currently employed with a local authority (and have been since July 1st 2009) under a one year rolling contract which expressly (stated in the contract) ended July 1st 2010), and had in it a a career development scheme attached to the pay grade (i.e get to the top of a pay band then go to the bottom of the next one). I have continued to carry out the role but no further written contract had been forth coming for the post to become permanent however, on July 1st 2011 I was told by the section manager that I was a permanent member of staff because I had worked for the council without a break in service for two years or more.

On March 26th 2012 I received a written contract for the position I've been doing since 1st july 2009 with the career grade scheme expressly removed from the contract. My job role, title, duties have not changed and I have discussed this matter with my union representative who advised me to send written communication to the relevant departments that I am carrying on my duties under protest till this matter has been resolved.

My question and points of topic were, should not the implied conduct of continuing to employ me though not terminating myself or my job role at the end of the expressly stated date in the original 'temporary (1 year) contract' mean that the authority (my employer) should not only honour the pay grade scheme expressly stated in the contract but the contract and the terms stated in which should be classed as permanent? (and) The section manager is using bully tactics to avoid paying me on this career development grade scheme and has there for constructed/concocted this 'new' contract in order to ride ruff shod over it, therefore following on from the previous question, the new contract states 'commencement of duties constitutes an implied acceptance' (after 14 days), can they imply acceptance if contractual talks over my previous contract are on going?

Thank you for your time in this matter (and reading my long winded set of events) and I look forward to a reply.

M.D.P

[buildersmate]

That's not a career development scheme - it's called salary creep. Only a local authority would invent such a crass pay scale whereby employees can move from one scale to the next irrespective of the needs of organisational design / structural levels.

"can they imply acceptance if contractual talks over my previous contract are on going?" - not if you have put in writing that you object to the conditions - as indeed your paid advisor has suggested.

[factor-fiction]

It seems very odd that they would have had a scheme which allowed automatic progression from one pay scale to another- if progression were automatic then why not just merge the two scales. The term career development scheme suggests there were progression criteria to be met- eg achieving taking on additional responsibilities, undergoing a training and development programme, demonstarting imp[roved competences etc.
Anyway, see how the company responds. But I would have thought they have the right to change the progression rules (particularly if they are so silly) provided they go through the proper process including giving notice.

[chattykathy]

I work for a local authority too and they recently changed the terms and conditions for most of their employees (not mine as our Service is becoming a Social Enterprise - a totally different story!) Apparently there was no choice and if you didn't agree to comply then it was deemed that you have resigned your post with no entitlements to redundancy etc! It seems unbelievable but it's true!So much for Trade Unions! Could this be what has happened to you? There's usually some pay progression in place where, as Factor 30 has said, you have to prove you have met targets and objectives. It might also be better to contact the HR department rather than rely on your manager - he/she is probably trying to save money for the department. All the best!

[miarob40]

I would get in touch with Acas, they will tell you everything you need to know.

www.direct.gov.uk/en/Dl1/Directories