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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47373
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was promoted five year 8 months ago to a new position that

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I was promoted five year 8 months ago to a new position that greatly increased my workload and responsibility. I went from managing just myself to line-managing seven. Instead of responsibility for just one aspect of the team's work, I was responsible for all of it.
At the time of the promotion, I was told there was insufficient revenue to allow for an increase in salary to match my new role. Since then, this has remained the case and the only salary increases I have had have been based on my salary for my old role, adjusted for inflation.
The company has now brought in a new individual to oversee the entire department of which my team is part. They have been given a level of support and investment far greater than any which I received previously.
It has been openly acknowledged that the situation I was responsible for was under-invested and under-supported and that that is the primary reason why revenues were not higher.
I feel that, had I had the same level of support and investment as is now in place, I could have delivered higher revenues and therefore would have been in a position to demand a higher salary (to match my position and seniority); the major reason I was not able to deliver those revenues is the under-investment and lack of support, which was beyond my control.
Do I have a case to claim for the salary I should have been paid?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Was an increased salary ever promised to you at any point?
Customer: replied 2 years ago.

The fact that my new role involved increased responsibility was discussed and that, in principle, this should lead to an increased salary was discussed but never put in writing. A specific figure was not discussed.

Expert:  Ben Jones replied 2 years ago.
It is highly unlikely that you can retrospectively claim any salary for what you believe you should have been paid. By accepting the job and continuing to work in that position for that time you have effectively accepted the position as it was at the time and that included the salary you were being paid as well. It is not possible to accept the job and the conditions and then some years later to claim that you should have been paid more. The only way such a claim could be made is under the laws on equal pay where there were historical differences in pay due to gender, but this is not the case here.
So whilst there is nothing stopping you from raising a grievance with the employer over this and pursuing a formal internal complaint about it, legally you cannot make a claim that would pay you the difference of pay over the time you have undertaken that job. You have accepted the pay at which you received and that removes your rights to claim, if you were not happy with what you were being paid then you would have been expected to challenge that at the time and not take the job if it was not a rate you were happy to receive.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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