reduced banding with redeployment

Hi…I am to be redeployed on my request as my current role impossible anymore with ms…have used access to work as much as I can.I have being seconded to a new role at my current banding(7 in nhs)…am going to be kept on but new role is a band 6 but in a dept i want to continue to work in for ms and suitability. Can my grading be redduced?

I always thought that your existing salary & benefits would be protected if you took a lower level job because you were no longer able to do your own job, but I may be out of date.

Best to check with CAB perhaps?

Karen x

This is a really tricky one. A lot of employers ‘red circle’ ill-health redeployments to a lower grade and do not rebase the person’s salary (although there might be adjustments regarding pay increases/progression). However, this does create a potential headache for employers from an equal pay point of view. A policy of ‘red circling’ cannot be used as a defence against equal pay claims (at least it couldn’t in my day, which isn’t that long ago) and that tends to make HR people very nervous

For intstance, if you are one gender and are redeployed with preserved terms to a lower grade where most other people are the other gender and are earning less then you, then they can complain about it and there would, potentially, be an equal pay case to answer - your employer could not rely on the circumstances of your redeployment as a defence. This was always going to be a conflict between competing good causes (treating sick people decently/ensuring equal pay) and recent case law might have ironed things out a bit, but you would need to ask someone with up to date knowledge of the case law (which I no longer have).

In practice, in a big organisation what happens to you will be whatever the local policy is where you are, and there probably won’t be much you can do about it.

Alison

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