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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work offshore and we received our pay rise in our wages at

Customer Question

I work offshore and we received our pay rise in our wages at the end of October. We also received an adjustment payment to backdate our basic pay to 1st June 2013, the date that the pay rise came into effect. The problem is that all overtime done between June and October has not been adjusted for the new rate and has not been paid to us. If the payrise had come into effect on the 1st June all subsequent overtime would of been paid at the new rate so if they are backdating the basic pay surely they have to backdate the overtime too. Can you help?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. What does your contract say about overtime and pay - is it guaranteed, is it paid at a separate rate of pay or the same as your normal pay, etc?
JACUSTOMER-uppl75pc- :

Any days worked over 14 offshore are paid at time and a half as we work a 2 weeks on, 2 weeks off equal time rota. Our overtime rate is based on our basic wage as time and a half.

Ben Jones :

If the pay rise was officially introduced to start from 1 June and the employer backdated your normal pay to that date, what you are entitled in terms of overtime will depend on how that pay is calculated. If the overtime pay was calculated separately to your normal pay then it is most likely that it would be treated as a separate payment and not subject to the increase unless the employer agrees to include it. However, if it was directly based on your basic pay, for example by using a calculation which is directly linked o your basic pay then you can indeed argue that this pay should be backdated as well. The key issue here really is - is the overtime directly linked to the basic pay you receive, because if it is then it should be backdated as well.

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. Also state 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 the following form (ET1) needs to be completed: (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/225526/ET1_Combined_v2.3.pdf)
  2. County Court – whilst this is not free, the time limit for claiming is 6 years. Therefore, it is useful if the Tribunal deadline has been missed. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by taking any of these steps the employer will be prompted to reconsider their position and try to resolve this without having to take the matter any further. Also if there are a number of you affected, you should pursue this as a group rather than individually as that should place more pressure on the employer.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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