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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44913
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i work for local council, i, like some of my colleagues have

Customer Question

i work for local council, i, like some of my colleagues have been awarded monies owed for backmoney of a pay increment. the council say that we cannot get the monies payed to us unless we have the offer viewed and signed by a solicitor, at a cost of about £300, surely this is not right. i feel that having to pay to get access to money that is legally mine is not right

four years ago, some of staff recieved payment for the same thing but didnt have to get their offer viewed and signed. why is it now different for me,

this money has been owed to me for four years,am i due interest on this money
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What is the money owed for?

JACUSTOMER-y09g90bt- :

a pay increment

Ben Jones :

is it to do with equal pay claims?

JACUSTOMER-y09g90bt- :

it was to do with a pay rise we didnt get because of a pay freeze, and alteration of pay structure

Ben Jones :

ok let me get my response ready please

JACUSTOMER-y09g90bt- :

is there a problem?

Ben Jones :

Hi, sorry could not get back into chat for some reason. You are basically being asked to sign a settlement agreement, where your employer would pay you anything you are due and in return you would agree not to make any claims against them in the future. This is standard practice where an employer wants to ensure that they will not be chased by you in the future and to be legally binding such an agreement must be signed off by a solicitor. Usually the employer would pay for the legal advice you need but that is not a requirement and it is up to them.

If you do not wish to go down the settlement agreement route, you cannot force the employer to pay you what you are due without going to a tribunal or court. Of course you have the rights to chase the money you are owed, but it would have to mean you get involved in a formal legal process, where you could spend a lot more than the £300 you have to pay now.

So your options are:

  • Try to negotiate with the employer so that they pay all or part of the legal fees for the settlement agreement
  • Pay the legal fees and know you get the money now
  • Refuse to pay for the legal fees and sue the employer for the money owed.
Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

JACUSTOMER-y09g90bt- :

but why didnt previous employees have to pay any legal fees, surely this sets a presitent

Ben Jones :

No, not t all from a legal point of view - as mentioned the employer decides whether to assist with the legal fees or not, but it is not a legal requirement and you will find it very difficult to argue that a legal precedent has been set in the circumstances. You simply cannot force the employer to pay these, you can try and negotiate but certainly cannot force them to

Ben Jones :

Has this clarified things for you?

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