disagreement with union rep

tir21

Im in a situation where i was offered and accepted a pay rise. The company later said it was a mistake.

When i was not paid the raise i claimed unlawful deduction of wages

The union rep said that because i was never actually paid the higher amount then unlawful deduction of wages can not be cited

I dont think that is the case but how can i convince him he is wrong

Savvy_Sue

By finding an example of where someone has successfully sued the employer for unlawful deduction of wages where the higher amount was never actually paid?

You could try ACAS, or you could ask your rep if s/he has checked with the union's legal dept. I don't imagine they've just made it up.

ohreally

tir21 wrote: »

I dont think that is the case but how can i convince him he is wrong

Provide him with evidence supporting your position.

Andy_L

or contact the Union's head office/legal dept directly

footyguy

tir21 wrote: »

Im in a situation where i was offered and accepted a pay rise. The company later said it was a mistake.

When i was not paid the raise i claimed unlawful deduction of wages

The union rep said that because i was never actually paid the higher amount then unlawful deduction of wages can not be cited

I dont think that is the case but how can i convince him he is wrong

You don't need to convince the union rep anything - you need to convince the employer they were wrong.

(Unless you can gain union support higher up, then assume the union are not going to support you in this attempt)

So mediation, arbitration, or possibly legal action (against employer) I guess.

I would urge you to seek independent legal advice.

tir21

footyguy wrote: »

You don't need to convince the union rep anything - you need to convince the employer they were wrong.

(Unless you can gain union support higher up, then assume the union are not going to support you in this attempt)

So mediation, arbitration, or possibly legal action (against employer) I guess.

I would urge you to seek independent legal advice.

Ive found that to be very expensive

asajj

Give a call to ACAS then.

footyguy

tir21 wrote: »

Ive found that to be very expensive

What have you found to be very expensive? Independant legal advice?

So you've already experienced this in the past? :cool:

Contact the CAB - they will put you in touch with a specialist employment solicitor who may allow an initial half hour for free, or sometimes for a very small fee (like £5 or £10)

That should guide you how best to progress. If the initial legal advice suggests you pursue this matter, then costs will mount but the solicitor should be able to advise you on those costs and the options possibly available to fund it.

If you eventually win the claim, then it would be usual to also be awarded the costs involved - again the solicitor should be able to advise you further.

Savvy_Sue

Sadly OP, I think you are wrong and the union rep is right.

Comparable situation: new employee is told the salary is £X per year, accepts on that basis, starts job and is only paid £X minus £1000. It happens. Employer says "oh sorry, made a mistake in your offer, it's this or nothing". Nowt wrong with that: mistakes happen.

Southend1

Has the union rep taken advice from a full time officer or the legal department? If not, you could ask her to do so as a double check just for your peace of mind.

Ozzuk

Why do you think its wrong? Because it's not fair or because it's not legal?