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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44920
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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ive been working for a company for 4 years in the offshore

Customer Question

ive been working for a company for 4 years in the offshore industie when i signed my contract they say i didnt sign for iver the company pention or the 6% up lift in may wages
instead.Now ive only just found out that i havent been getting anythink can this 6% be back date if this is what i opt for.As the company say no they will start it from January this year
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. So just to be clear - you are contractually entitled to receive this uplift every year but it has never been given to you by the employer?
Customer: replied 3 years ago.

No when i signed my contract 4 years ago they say i didnt sign for one or the other and ive only just found this out and its the 6% id like and it back dating from when i signed my contract

Expert:  Ben Jones replied 3 years ago.
so if you did not sign for either option at the time, what would you have been entitled to by default?
Customer: replied 3 years ago.

I thought i had signed but they say they have no record of this .I would of signed for the 6% .As for defaulf i guess they havent got one

Expert:  Ben Jones replied 3 years ago.
The issue here is whether you were entitled to anything by default, or whether both of these options were additional benefits which you could opt in to. If you were entitled to either of these by default then you certainly have a claim that you should have any associated benefits backdated to the time you started working there and this contract was presented to you. However, if these were just optional benefits that would have applied only if you had opted in to them then you may not be able to claim that the payments should be backdated because you had not signified your intention to opt into them. That is why it is important to check whether there was a default option and an employee in your position would have automatically received one or the other.

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