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The HR Forum

Salary Review Query

I joined my current company on the 19th November 2018 and my contract states that my salary will be reviewed on the 1st May 2019. 

I was told yesterday that this will not happen because I have not been with the company for 6 months - I needed to have started on the 1st November 2018 to qualify for this. 

I totally understand that a salary review does not mean your salary will change, but it states on my contract that salary reviews are carried out in line with the salary review policy which does not exist on our HR intranet and I was told yesterday that they do not believe that there is actually a policy. 

Can they deny me a salary review if they have no salary review policy that states the need to work for the company 6 months before this can take place and the fact they have issued me with a contract that states my next review will be 1st May 2019? 

Thanks in advance for any advice.

Hazel 

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Replies

  • Hi Hazel

    Hope you are well!

    A shame that this is defaulting to a discussion about policy, I would simply have an open and honest conversation with my line manager so that expectations can be managed.

    It may be there are other factors such as how the Company is performing overall which may be at play as opposed to it being about one individual.

    All the best

    Sarah

  • Hi Hazel,

    If they're saying that you need to be with the company for 6 months to qualify for a pay review then they should be able to demonstrate where that is written in policy.

    It seems odd to me that they're quibbling over a matter of 18 days. What's the difference between carrying out your pay review on 1st May or 19th May? If you were incorrectly promised a pay review 18 days before they are actually supposed to give you one, then I would have thought they would just do it on the 1st May, to save the aggro, especially if they don't actually have a written policy, and particularly if it's written into your contract. I suppose if it's in your contract and they don't honour that then they would be in breach of contract, but that's a strong term to start dishing out.

     In conclusion, if I were your HR team/Manager I would just admit our error and carry out your pay review on the 1st May as stated in your contract. However, if they're adamant that they won't do it until the 19th May, according to their 'policy' then you have to decide if you want to rock the boat, or if you are willing to wait the extra 18 days.

    Best of luck,

    Chrissy

    • Hi Chrissy,

      The salary reviews take place on the 1st May annually so I will not get one on the 19th May. They have said that I needed to be here 6 full months by the 1st May to qualify, but like you say without a written policy I am not sure what they can base this on. 

      They have said that they may look at it in November when I have been here a year but like you say it is just whether I can face rocking the boat and making a point about the lack of policy and contractual issue.

      Thanks very much for your comments. 

      Hazel

      • Oh, apologies Hazel, I had assumed you meant that you have to wait 6 months before you get a pay review so they were only delying by a couple of weeks. If their pay reviews are annually on the 1st May then their initial error (putting 1st May 2019 in your contract) makes more sense.

        However, as you say, there is no apparent policy that says this so what are they basing it on? It may simply be their common practice that employees must wait 6 months before they qualify for a pay review, but if this is not written in policy and you have 1st May 2019 in your actual contract then I really think they should honour that, rather than make you wait a year and a half for your first pay review.

        In this case I think I would be inclined to rock the boat a bit- I would suggest making the point to them, politely and reasonably, that you cannot find the 'six month' policy in writing anywhere and that your contract explicitly states that you will have a pay review on the 1st May 2019 and you feel this should be honoured, as it's in your contract (was it mentioned in your offer letter at all? If so then you've got a stronger case because it formed part of your offer). If they still say no then you will need to decide if you wish to pursue it further, perhaps by lodging a grievance, but it depends on how strongly you feel about it.

        Whatever happens I'll bet that a 'six month qualifiying period' pops up in a written policy before long!

        Do keep us posted on how you get on!

        Best wishes,

        Chrissy

        • Hi both,

          I am with Chrissy on this one.

          Contractually - you are promised a salary review on 1st May 2019.  Even if they could produce a document that said about the 6 months' service, your legally binding contract has promised something different.

          Within our company it is standard policy that you must work for a minimum of 6 months before recieving a salary review, so I do believe it is standard practice and can understand that is what they wish to do.

          I wonder if they are trying to remain fair and consistent amongst other employees whom have under 6 months and are not recieving a review - of course that is not your fault.

          I would echo Chrissy's comment and open up some polite communication (in writing) explaining that your contractually entitled to a review on 1st May 2019 as per your terms and conditions of employment (and maybe sending them a copy of this as well for their reference). 

          Maybe the company should consider moving forward with their contracts stating that reviews take place annually, in line with company policy, rather than specifying a date!

          I think maybe once they respond, you can then gauge how you react from there.  

          Best of luck, I will be watching this space!

           

          Karys

           

           

           

          • Hi Karys,

            Thanks for your reply. I have raised this with them and sent a copy of my contract and they are looking into the policy issue.

            Will see what they come back with! 

            Thanks again

            Hazel 

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