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How many years does this go back?
From 1st August 2005
Whilst i agree that this appears incorrect, the issue is that if the employer refused to consider any claims going back more than 6 years and she decided to claim for them, she would be out of time to do so because the courts can only consider claims going back 6 years. This means that whilst she can pursue any claims that fall within the last 6 years, she would be legally out of time to pursue claims that fall outside of this period. It means the employer can refuse to consider them and she is not legally able to challenge this. Whilst morally wrong, her hands will be tied in terms of her legal rights on challenging this.
It does not prevent her from trying to pursue this matter internally, for example through the formal grievance procedure which would prompt the employer to formally investigate this and deal with it. It could end up with a manager sympathetic with her position or it may even go higher up the management ladder on appeal so that those with more power can reverse the current decisions, although there is of course no guarantee of that, but still may be worth a try.
I'm pretty sure that their rules would be dismissed if it were her that owed them money going back 8 years.
well that is speculation at this stage, but her legal position is as described above. If this amounted to 'wages' she could have claimed for a continuous deduction going back to the beginning and claimed for the whole period but the legal definition of 'wages' specifically excludes expenses so this is not an option here
Okay thank you.
Okay, thank you.Tom
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