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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48787
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I started work organisation 1 year ago and was offered

Resolved Question:

i started work for an organisation 1 year ago and was offered the position and told that when i passed the qualification as an advocate i would get a raise of £1000 to make my pay 22500PA. Before i qualified the whole company got a pay rise of 2.5% however the company are not honouring the £1000 increment, they are taking my pay from 22,037 to 22,500PA. If I were to receive the £1000 increment i would be on 23,037 PA. If I had completed my qualification before the pay rise would they still of had to give me the 2.5% that the rest of the company recieved and are they in effect peanalising me for qualifying around the same time as the pay rise was agreed?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was the 2.5% increase completely discretionary?
Customer: replied 1 year ago.
I believe it to be an annual salary increase that was agreed by the board and applicable to the whole organisation. I am not sure if that makes it discretionary.
Customer: replied 1 year ago.
I wasn't actually at the team meeting when it was announced because i was with a client off site at a meeting.
Expert:  Ben Jones replied 1 year ago.
So I assume that the increment clause said it was specifically to go up to 22,500 rather than it will go up by 1,000?
Customer: replied 1 year ago.
that's what i can't find out as i have misplaced the contract that i signed when i first started. I assume that it probably did say that my pay would go to 22,500. I have asked my manager if she still has a copy of the signed document as i'm sure i emailed it to her but can't find it on my sent messages so its possible i posted it. So am i correct in assuming that there's little point me arguing the toss over the £500 if the contract merely states that my pay will increase to 22,500 on gaining the qualification. It just seems a point of principle but they are treating two of my colleagues in the same way too who have also gained qualifications recently.
Expert:  Ben Jones replied 1 year ago.
Ok so there is no direct reference but we may assume that there was a clause allowing you to receive an increment taking your pay up to £22,500, rather than a fixed £1,000 increase regardless of what pay you were on at the time. By taking your pay up to £22,500 they have fulfilled the requirements of this clause. Unless you can find the contract to see if it says that you will get a fixed increment of £1,000 then challenging this may not be easy. Also bear in mind that in the first 2 years of employment you have no protection against unfair dismissal so if you are seen as difficult over this whole matter they can easily dismiss you and you cannot challenge it. So that is a risk you run, depending on how the employer wants to play this. I would say try and ask once to see if they would reconsider their position but if they do not change anything then leave it as it could create further issues for you. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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