We recently carried out a JEGS exercise and it emerged that four employees (in the same unit/function) were overgraded. Assuming workloads and therefore responsibilities cannot be changed to justify grading at that (wrong) level, how long do we have to protect/freeze/red circle the pay before we could downgrade the pay OR do we have to make the individual redundant and offer them what would be their old role (but no longer exists purely form the result of the JEGS exercise as being overgraded) but at a lower grade and pay (secondly, do we have to)?
When we did this some 4 years ago, Tess Gill QC gave us an opinion that we should red-circle folk for a max of 4 years. There was no case law to set a time, so this was her opinion.
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