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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48150
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I worked for a council for ten years in the same job, the

Customer Question

I worked for a council for ten years in the same job, the year before I left they began a job re-evaluation programme. In the middle of this evaluation I got a new job and left. A couple of months later my 2 colleagues who did the same job as I did, where given a pay rise and their salary increase was back dated 3 years, meaning they were given a lump sum. I wrote to the Council and explained that as I had been doing the same job during the period that the back pay was paid, that I felt I was entitled to it also. They sent me a letter to say that as I had left during the evaluation process that I was not entitled to any back pay. Can I appeal this? Am I entitled to any of this back pay.
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.

Expert:  Ben Jones replied 1 year ago.

So was the backdated salary increase and pay rise a result of the re-evaluation process? Also, how long a go did you leave?

Customer: replied 1 year ago.
they decided that they job description meant that the staff should have been paid more for the job they were doing (same job I was doing, nothing had changed). The 2 members of staff were given a £2,500 pay increase and it was back dated for 3 years. I left the company 4 months before they received the increase. However as I worked for the backdated period, am I not entitled to the money? I have now left a year and a half. However I ad to send 2 letters as the first they did not respond to. I send a second a few months later and I received their response a couple of months ago.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Thank you Ben. I look forward to hearing from you. Kelly
Expert:  Ben Jones replied 1 year ago.

No problem at all.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Unfortunately it will be very difficult for you to try and claim anything in the circumstances. The issue is that you left before the job evaluation process was complete and as such the employer would now have no legal responsibility to pay you anything. This is even if they eventually found that your job would have been entitled to any back pay. Historically there may have been others who have done the same or similar jobs and benefited from the decision of an evaluations process but that does not mean the employer has to now pay all of them. An evaluations process is just an internal process, it is not legally binding and the employer will decide how it is applied and how they use the results. You would only have had rights if you were still in employment with them when the press was complete, for example if others had their pay backdated but you did not. However, once your employment terminates, unless you can show that contractually you had not been paid the money due (remember that this is based on the contract you worked under at the time, not what the employer has eventually decided you must be paid) you cannot claim against them. You could still try and put some pressure on them, such as by going as far as issuing a claim (you can withdraw it at any time and not be bound by it further, so it could be used as a more aggressive negotiating option).

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks for your advice Ben, and thanks for being so prompt with the response.Kelly
Expert:  Ben Jones replied 1 year ago.

No problem. Let me know if you will be considering taking this further anyway so I can let you know the steps if needed, thanks