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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47398
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, Ive been employed by my company for 8 years. In 2009

Resolved Question:

Hello, I've been employed by my company for 8 years. In 2009 I was promoted and have a contract with an annual salary and a salary band. I have since discovered that I am in the wrong salary band for my job. Can I request back pay or is the salary stated in my contract all I'm entitled to dispite the salary band being for a lesser role. I have not had a staff appraisal for the past 3 years so have been unable to annually review my salary.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Does the employer know you are in the wrong pay band and have they said anything about it?

Customer: Hello, they are unaware that I am in the wrong pay band according to the 2013/14 payband. Just concerned as it was the correct band when i signed my contract in 2009.
Ben Jones :

There are a couple of relevant factors here that would impact on your rights. One is what were you promised at the time of the promotion. If the promotion was advertised with a specific salary, your employer only referred to that and there was nothing at all at the time to indicate that you were due a higher salary, they could argue that this is the contractually binding pay band for you as it is was your promotion was based on and what you had always thought was your pay for doing this job.


 


However, if the banding is centrally allocated and the employment follows a defined pay banding system that applies to everyone and which is governed by specific workplace policies, you may argue that these should apply to you in the circumstances and that the employer has no real choice over the banding you should get and that as soon as you were promoted you were automatically entitled to the pay band that the policy entitles you to. You can also use an argument the analogy that had you been accidentally overpaid by being placed in a higher band that what you should have been in, the employer would have had the legal right to try and reclaim these overpayments and that the same should apply top you in the circumstances because technically you have been underpaid all this time.

Customer: Thanks. My contract states a salary band and job title. The salary is not reflective of either the band or the job title. Am I within my rights to open up discussions re retrospective pay? All employees are paid according to the same central banding system. I have been advised by my manager to justify my job role to strengthen my case. Not entirely sure this is necessary as in my mind it's a contractual oversight.
Ben Jones :

you can indeed raise this matter with the employer to ask for another look at the contract and reconsider the current arrangement. Whilst you may think justifying your job is not something you should do, if you can find some factors that would strengthen your case then you should take every opportunity to give yourself as much chance as possible to ensure this works in your favour so you have little to lose by doing so, if you can

Customer: Thank you for your help.
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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