Contract issue

[dre101uk]

Hi there,

I am writing for information on a contract issue I have. I started for a company back in November 2011, the contract stated that my salary would increase after satisfactory completion of my probationary period (probation period is 6 months but can be extended as the company saw fit) and then another increase after one year's service.

I am currently at 16 months and after a a recent salary review my pay has not increased at all, I am still on the same salary as when I started back in November 2011.

After speaking with my manager she advised my probation has been signed off but unfortunately I don't have this in writing. My contract does state that "after satisfactory completion of your probation period you will be entitled to participate in our Flex Benefits scheme", the thing is I have received my Flex benefits for this year.


Also at an annual apprasal in February 2013 (15 months in) my manager scored me the lowest rating of performance which makes me feel that I am being managed out of the company. My manager is nearly due to have a baby soon and will be off until September 2013 at the earliest.


Is there anything I can do regarding the pay increase? I'm the kind of person who keeps their head down and tries to get on with my job, I'm not one to cause trouble but I feel upset and under-valued in my position.

Any information would be much appreciated

Thanks for your time

Kind regards

dre101uk

[gaz2006]

Re: Contract issue

Cant you appeal against low marking you need to look at the grievance procedure if you disagree stating what reasons of course as to why you dont agree with managers comments . As for other do you have union there ? You maybe could put letter on to manager re the increase you havent got if you had the flexi it is a help showing you finished probation and on letter to manager quote she said on such a date youd finished probabtionary period she can then forward to who deals with it regards Gaz

[Eloise01]

Re: Contract issue

Does your contract actually say that you will get a pay increase and specify a sum - or does it say, as I suspect, that your pay will be reviewed? The latter is common. And if the latter it doesn't say your pay will be increased - it says reviewed, and it is entirely possible (and also common) to review your pay and for there to be no increase!

In terms of your appraisal, as mentioned you can check to see whether your company allows appeals. They don't have to, and I am not sure what appealing might gain you. I suspect that whatever you decide, head down and looking for another job might be well advised.

[dre101uk]

Re: Contract issue

Hi guys thanks for the comments,

Eloise01: my contract states the following:

"£16,000 per annum, increasing to £17,000 after satisfactory completion of your probationary period. This will increase further to £18,000 after one years service. This will be paid monthly by bank credit transfer on the 25th day of each month, covering the period 1st - 31st of the month. Salaries are generally reviewed annually on the 1st January each year at the discretion of the company."

As for appealing I don't think that would be best as I don't think I would gain anything, if anything it may cause more problems and effectively be managed out.

[Eloise01]

Re: Contract issue

In that case the salary increase is contractual, and those payments are due - but since more than three months have elapsed you cannot make a claim to a tribunal now. You will have to ask the employer to honour the rises first anyway, and if they do not this is now a civil claim for debt.

[dre101uk]

Re: Contract issue

What would need to be done if I needed to go down the civil claim route? For some reason I can see them sticking to their guns on this

[Eloise01]

Re: Contract issue

If you have not raised a grievance then you will have to do that first.

If that does not work you would have to send them a letter before action saying laying out what they owe you and why and giving then the chance to pay it; then you would have to use the small claims court. Sorry, but this is no longer employment law, and how the law on debt works and how to make a claim, is not my field - but no doubt someone else will be able to tell you that.

But back in the employment field, shortly after you do so, do not be surprised if there is a need to make redundancies; you are put in performance measures; or they find some misconduct that had been overlooked.