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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47397
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My Name is ***** ***** work as a Doctor at on of region hospitals

Resolved Question:

Hi My Name is ***** ***** work as a Doctor at on of region hospitals in south in cornwall ,
I feel i have been cheated by my trust and they are not paying me the correct sallary ,and i was not awarded an icrement for 18 month.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did your contract guarantee such a pay rise?
Customer: replied 1 year ago.

it garantee the minimum of pay scale unless it does not give a rise to salary then they have to move you to a higher point in the scale and it garantees an annual increment acording to terms and conditions NHS doctors and dentists AFC terms and condititions are you familliar.

what they do is you meet HR and they calculate .

my raise was only 80 pounds 0.3 percent by jumping to a speciality registrar level from F2 , if i continued in my same job and had no promotion i would have been earning atleast 31 000 that november.

Expert:  Ben Jones replied 1 year ago.
So how have they failed to follow the policy?
Customer: replied 1 year ago.

According to this PROMOTION INCREASE 133.a. Subject to sub-paragraph b. below, where practitioners have been paid in their previous regular appointment at a rate of salary higher than or equal to the rate at which they would (were it not for this provision) be paid on taking up their new appointment, then their starting salary in the new appointment shall be fixed at the point in the scale next above that previous rate, or at the maximum if that previous rate were higher. b. Where the previous appointment was as a part-time medical or dental officer under paragraph 94 or 105, sub-paragraph a. shall apply only where that appointment has been held for twelve months or more. c. Where a practitioner has been paid on one of Points 1, 2, 3, 4 or 5 of the Senior House Officer scale for a period of five months or more in their last appointment prior to promotion to Specialist Registrar their starting salary shall be determined as under subparagraph a. above and they shall retain their existing incremental date.7,34 d. Where a practitioner is appointed to the Specialty Registrar grade from the SHO grade transitional arrangements will be as set out in Pay Circular (Medical and Dental) 4/2007.76 HARD

Expert:  Ben Jones replied 1 year ago.
If you have not been paid what you were contractually owed then you can argue that the employer has acted in breach of contract. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. You may also consider pursuing an internal grievance.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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