Advice on employment contracts

[Tomoland]

Hi, im just after advice for a friend, he has worked for the same company for over 5years and is on a salary,each September he agrees a new contract to work 37.5 hours. A new HR lady has taken over and has realised that whilst he has signed to do the 37.5 hours he has only actually been getting paid for 35 hours. They have said they can only backdate the underpayment to September just gone as this is when he signed new contract but cannot back date for the 5 years.

Any advice if this is correct as he said he will locate his old contracts as it's been the same contract each year.
thanks in advance

:santa2:

[MissFM]

Re: Advice on employment contracts

Hi, im just after advice for a friend, he has worked for the same company for over 5years and is on a salary,each September he agrees a new contract to work 37.5 hours. A new HR lady has taken over and has realised that whilst he has signed to do the 37.5 hours he has only actually been getting paid for 35 hours. They have said they can only backdate the underpayment to September just gone as this is when he signed new contract but cannot back date for the 5 years.


Any advice if this is correct as he said he will locate his old contracts as it's been the same contract each year.
thanks in advance

:santa2:

Of course they can backdate it - in fact they are (or should be) obliged to do so. It will cause them a great deal of fiscal inconvenience but that's their problem

[Tomoland]

Re: Advice on employment contracts

Thanks

is there anything online he can print off to show his employee re this or should he just tell them he wants it backdating?

[MissFM]

Re: Advice on employment contracts

It's worth contacting ACAS - my understanding is that you need to reclaim within 3 months and one day of the shortfall (which is probably why HR is saying they can only go back to September) or within 3 months and one day of becoming aware of the problem which in this case is whenever HR told your friend of the underpayments.

I'm hoping an employment law Beagle will look in (I'm sorry I'm not one) but "unlawful deduction of wages" springs to mind.

http://www.acas.org.uk/index.aspx?articleid=1410