Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
So was the backdated salary increase and pay rise a result of the re-evaluation process? Also, how long a go did you leave?
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.
No problem at all.
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
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