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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49836
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I moved branches in 2010 and was told they couldn't keep me

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I moved branches in 2010 and was told they couldn't keep me on the same salary as there are regional pay scales, I have since found out that this is not true, I have proceeded with a grievance procedure and have had my pay increased but they are refusing to pay the back dated under payment
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did you agree to the pay decrease at the time?
Customer: replied 2 years ago.

Hi Ben,

I signed the contract as I was told they could not pay me normal wage due to regional pay differences, I have recently discovered from HR that they do not have regional pay differences, I have worked for this company for 15yrs and when I moved I lost a lot of money, I feel I have been lied to for the past 4 years

It may be difficult to get backdated pay in the circumstances because you had agreed to the change in pay, even if it was based on false information. Backdated pay would be paid if your employer had underpaid you without you knowing or agreeing to it, or if they had made deductions which they did not have the authority to do. However, in the circumstances you agreed to these changes. If you did not want to accept the reduced pay it is something which should have been challenged at the time. Your acceptance of these changes means that you are likely to have given up the right to claim any difference for the period between the implementation of the terms until now. You may continue through with the grievance process and appeal the outcome if necessary but if that is not successful then you may not necessarily succeed in court if you were to claim there. The only other claim could be for constructive dismissal where you are resigning because you feel you cannot continue working there any more but that will only cover you for future loss of earnings, not past. I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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