How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask taratill Your Own Question
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6466
Experience:  15 years experience of advising on employment law matters
Type Your Employment Law Question Here...
taratill is online now

I have been employed years as a home care manager and

This answer was rated:

I have been employed for 2 years as a home care manager and am salaried. After I had been there 10 months all the staff received a pay increase except me which I did not query as I has not been there a full year . This year all the staff received a pay increase of 40p per hour . I received no increase at all, when I asked my manager would my increase start next month he replied " well we're going to put you on a bonus system on how many residents you get in I'll get back to you. My contract states 40 hours per week but I always do between 50-60 for no extra money. Where do I stand ?
Hello my name is ***** ***** am an employment lawyer and I am happy to help you today. Have they explained why you are not getting payrises when others are?
Customer: replied 2 years ago.
Have you worked there for more than 2 years it is important as you have more rights if you have been engaged for than 2 years?
Customer: replied 2 years ago.
Not quite I started in June 2014
Does your contract say anything about overtime?
Customer: replied 2 years ago.
No it doesn't
Do other staff get paid overtime?
Customer: replied 2 years ago.
Yes but they are on hourly rate I am the only one salaried
Ok it may be that that is the reason for the failure to pay overtime. Many salaried staff are expected to put in additional hours without paid overtime, especially if it is not in the contract. As long as you are paid at least the National Minimum Wage in respect of each hour you work there is no issue for the employer. You can raise a grievance about the lack of overtime and payrise but my strong advice to you would be to leave it until you have more than 2 years service as the employer can dismiss for any reason without you having the right to claim unfair dismissal up to that point. After you have 2 years service you are safer and you can argue that it amounts to a breach of trust and confidence that you are not paid the same as your colleagues. If you have any further questions please ask. If I have answered your question I would be grateful if you would be so kind to rate my answer as I am not otherwise paid for the time I have spent working on your question. Thank you and all the best.
I need to pop offline for 20 minutes so if you have any follow on questions please rate my answer and I will answer them as soon as I return.
Hello is there anything further you would like to know as I can see you have not yet rated my answer which is an important part of the process?
taratill and 3 other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you