advice needed please

toffee_2

Thanks for looking in,looking for some advice here regarding my partners wages and contract.Now on the 8/7/05 she signed her contract of employment which was also signed by her employee and in this contract it states that her hourly rate of pay will be £6.9756 now this would've gone up by now due to pay rises ect.Now her payslip states she gets an hourly rate of £6.1997 at the moment again this as changed due to pay rises.Now can anyone tell me how we would stand if we try and pursue this to try and get this money back dated.Now she's a cleaner in a care home and i think the rate on her contract is for care workers,but they signed the contract and so did she so would she have a good case to get this back dated.She doesn't work full time only works 18 hours a week but at a rough guess i think there's over 3 grand to fight for here.

Pound

So... has she been getting underpaid for for 3 1/2 years or did she have a pay decrease at some point?

toffee_2

Pound wrote: »

So... has she been getting underpaid for for 3 1/2 years or did she have a pay decrease at some point?

Well in all this time she's never had an hourly rate as stated on her contract this as always been lower,she's never had a pay decrease

Pound

She will have an hourly rate even if it doesn't state it on her payslip, you can work it out with:

Salary / Hours worked = Hourly Rate

I think she might be lucky to have it back dated three and half years or even amended at all. Her employer might argue that she's accepted a change to her salary by not raising it when she was first underpaid. Why did she wait this long?

toffee_2

At the moment in time she gets £6.1997 per hour according to her wage slip now this was a bit lower from when she first started but she's had a couple of pay rises since but at this moment in time she get £6.1997 per hour.Now back in 05 when she signed the contract the contract stated her hourly rate of pay will be £6.9756.She had to get her contract out the other day and when i was looking at it i noticed the rate of pay was more than she was getting.Now where quite sure that the rate of pay stated on her contract was a carers rate of pay so this must be a mistake,but surely if a contract is signed then they must honor the pay that is stated on the contract.

Pound

toffee wrote: »

At the moment in time she gets £6.1997 per hour according to her wage slip now this was a bit lower from when she first started but she's had a couple of pay rises since

I'm going to assume you're trying to say that she gets paid more than when she first started.

at this moment in time she get £6.1997 per hour.Now back in 05 when she signed the contract the contract stated her hourly rate of pay will be £6.9756.She had to get her contract out the other day and when i was looking at it i noticed the rate of pay was more than she was getting.Now where quite sure that the rate of pay stated on her contract was a carers rate of pay so this must be a mistake,but surely if a contract is signed then they must honor the pay that is stated on the contract.

Contracts can be changed verbally or assumptions can be made that a modification to the contract has been accepted if the employee doesn't speak up. You don't get a new contract when you have an annual pay rise, do you?

If she's had pay "increases" since then then she's actually been given a new lower rate of pay which she's accepted by not telling her employer she doesn't accept it. So even if your partner could claim the rate of pay in the contract it would only be valid for the period from when the contract was drawn to the first amendment to the rate of pay which is usually annually.

I think your partner has left it three years too late to do anything.

You're probably best speaking to ACAS:

http://www.acas.org.uk/
08457 47 47 47