Breach of contract?

[Bobbydazzler]

My wife took a job in a care home in May 2009. Her contract stated her position as 'Senior Carer' at the applicable rate of pay. Upon starting work she was asked to 'cover' on another unit that did not require a Senior Carer as it was nursing based (nurse in charge). She was there, primarily, for two years and seven months until the end of 2012. She only ever received the lower, standard 'Carer' rate of pay despite her repeated requests for it to be corrected. She was never given a revised contract.
At the end of 2012 she left without this ever being resolved. A few months later (early 2013) she went back on a temporary basis (on bank...no contract) until late 2013 when she accepted another contract of employment but this time as 'Carer' with the applicable rate of pay. She continued to work there but suffered a stroke in early October of this year and is currently claiming SSP.
She has tried repeatedly since 2009 to have the original rate of pay issue resolved but as the care home has changed managers several times in that period it has never come to fruition.
The latest manager has now told her that they would look into it but as the older contract of employment is now 'nul and void' it is doubtful she will be reimbursed.
Many thanks for any advice offered!
Bob

[mariefab]

Re: Breach of contract?

A contract of employment is a lot more than the contents of a piece of paper.
It's also 'what actually happens'.
I'm afraid that, as your wife did the work and accepted the pay for that length of time, she affirmed the contract and the pay rate that went with it.

[des8]

Re: Breach of contract?

, she affirmed the contract and the pay rate that went with it.

Even though she did so under protest ?"despite her repeated requests for it to be corrected."

Can you explain how she should have dealt with the situation?

[mariefab]

Re: Breach of contract?

I agree that, by her repeated requests to have this corrected, she continued to work under protest.
However, you can't work under protest indefinitely.

She had the right under section 13 of the Employment Rights Act 1996 to make a claim of 'unauthorised deductions from wages' to recover the difference between what she was paid and what she should have been paid.
She needed to do this within 3 months of the first underpayment.
Once 3 months lapsed it would be outside an Employment Tribunal's jurisdiction to consider the claim.

That said it's possible that, as this is a simple money claim, another court may be able to deal with it.
I'm afraid that I have no experience with any other courts so I don't know whether longer time limits would apply or whether affirmation would be less of an issue in such a case.

[des8]

Re: Breach of contract?

Thanks for that.
You suggested courts other than the ET.
A quick flick through would point to a county court claim for breach of contract.