Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Does the contract say that the pay rise is conditional on sick leave, etc?
If the pay rise was not conditional on anything, you should have been given that when you met the necessary criteria, i.e. after 6 months or after 12 months. If they wanted to make the pay rise discretionary or conditional on anything then this should have been detailed in the contract. Without any such clauses, it is assumed that the pay rise would be automatically implemented when you reach the necessary length of service. As such you would be able to challenge their decision not to award a pay rise after 6 months or when you reach 12 months with them.
However, there is one issue which will give them the upper hand here and allow them to be difficult about this. Until you have 2 years’ service with them you are not protected against unfair dismissal which means they can dismiss you for more or less any reason, except discrimination, which is not relevant here. So you could legally pursue them for the pay rise and make them pay you the extra money but in return they could just decide to dismiss you. So you could get the difference in pay that you should have been paid but could end up without a job instead. I am of course not saying that this is what they will end up doing but it is possible so be careful about how much you push them because they could be prompted to consider your employment as a result. But to answer our original question – the pay rise is due and can be pursued further if necessary.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you want 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
In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
you are welcome, best of luck