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Am I entitled to backpayment of a pay-rise?

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  • Am I entitled to backpayment of a pay-rise?

    Hello all, good to be back using the site.

    I feel like this is pretty cut and shut but want to make sure I'm on the right page because it's likely to rock the boat.

    After having to jump through numerous hoops to prove I was contractually entitled to it, I today received a letter confirming a salary increase from my employer (a legal firm, I should note...).

    I now have an issue of challenging that this should be backdated, due to all the dancing around it's taken to get to here in the first place.

    When seconded to my current role, I was sent an addendum to my original employment contract with the following term: "Your salary will be reviewed after three months in your seconded role". Basically I'd requested a fairly big raise in the interview for the Secondment and as an obvious way around it, whilst still getting me in to the role, they placed the mentioned term into the offer letter/addendum.

    Now - timescales: My Secondment began on 1st June 2016; I count 'after three months' as 1st September 2016; after all the messing around to prove I was entitled to an increase anyway, my rise has been confirmed as at 1st February 2017. That makes it five months later than it should have taken place. All the time leading up, from 1st September, has been arguments/back-and-forthing between management and directors attempting to organise this salary increase, and only when it came to a head, involving HR on the 30th Jan, was it actually finally implemented. So, as you can imagine, this is a rather sore subject at the moment.

    Long story short; can I respond to HR's letter asking why it has not been backdated to September 2016 - and should it have been?

    Look forward to taking in your expertise.

    Bert

    Edit: Apologies for not posting this in 'employment' as I thought I had... Not sure how to delete and repost?!
    Last edited by BeagleBert; 2nd February 2017, 15:08:PM.
    Tags: None

  • #2
    Re: Am I entitled to backpayment of a pay-rise?

    ask [MENTION=49370]Kati[/MENTION] to repost for you. And tagging [MENTION=94916]Sangie595[/MENTION]

    Comment


    • #3
      Re: Am I entitled to backpayment of a pay-rise?

      Originally posted by des8 View Post
      ask @Kati to repost for you. And tagging @Sangie595
      moved :yo:
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Am I entitled to backpayment of a pay-rise?

        Originally posted by BeagleBert View Post
        Hello all, good to be back using the site.

        I feel like this is pretty cut and shut but want to make sure I'm on the right page because it's likely to rock the boat.

        After having to jump through numerous hoops to prove I was contractually entitled to it, I today received a letter confirming a salary increase from my employer (a legal firm, I should note...).

        I now have an issue of challenging that this should be backdated, due to all the dancing around it's taken to get to here in the first place.

        When seconded to my current role, I was sent an addendum to my original employment contract with the following term: "Your salary will be reviewed after three months in your seconded role". Basically I'd requested a fairly big raise in the interview for the Secondment and as an obvious way around it, whilst still getting me in to the role, they placed the mentioned term into the offer letter/addendum.

        Now - timescales: My Secondment began on 1st June 2016; I count 'after three months' as 1st September 2016; after all the messing around to prove I was entitled to an increase anyway, my rise has been confirmed as at 1st February 2017. That makes it five months later than it should have taken place. All the time leading up, from 1st September, has been arguments/back-and-forthing between management and directors attempting to organise this salary increase, and only when it came to a head, involving HR on the 30th Jan, was it actually finally implemented. So, as you can imagine, this is a rather sore subject at the moment.

        Long story short; can I respond to HR's letter asking why it has not been backdated to September 2016 - and should it have been?

        Look forward to taking in your expertise.

        Bert

        Edit: Apologies for not posting this in 'employment' as I thought I had... Not sure how to delete and repost?!
        You can ask. But you aren't entitled to it. You weren't even entitled to a pay rise! Read that sentence added to your contact again. All it promises is a review. A review can result in no pay rise! So nothing whatsoever was promised. As a result, you are in no position to demand back payment.

        For future reference, if taking a job is conditional upon a set salary, then that is what you say. You are rather fortunate that they honoured the spirit of the term by giving you the pay rise at all. You wouldn't believe how often that doesn't happen!

        Comment

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