Underpaid - substantially.

Spiili

Hi there, new to the forums.

Recently I managed to get a job, which to me seemed like a great move - pay was better as well as hours.

I'm on a salary, which means I'm not entitled to overtime pay - which again I'm fine with it comes with the job,

So last month I was underpaid by £400. I chased up HR, and asked why so much was missing. They proceeded to tell me my salary on their system was £4500 less than what I had agreed to when I took on the job. To which I was infuriated.

I got a contract soon after quoting that amount which I refused to sign.

I've chased it up with my boss, then his boss and I'm getting no-where I've just missed a cut off this week, to which I'm now owed £1100.

Any ideas, or can someone point me at legislation I can review and enforce?

Thanks!

engineer_amy

Do you have any emails or written correspondence (job offer, confirmation letter) that show the higher salary, and would form proof that you were initially offered this higher salary, and that was the basis on which you accepted the job?


Unfortunately I believe that without this, any dispute would simply be based on "he said/she said", a successful money claim comes down to evidence available, and if there is no evidence other than this contract (admittedly produced after the dispute was raised) then your claim may not be successful. I'm not sure how far you could rely on legislation if there is no proof that the higher salary was agreed. The legislation would only protect you if you were not getting paid your contracted salary, which it seems you are.


Of course if you have written proof, show it to the company and ask them to honour it. They can of course say it was a mistake, that the role only attracts the lower salary. I think there have been previous threads/cases where mistakes were made in initial offers and the company could not be made to pay the higher salary.

sangie595

I agree. Unless you can prove it, then there is probably little that can be done. And given your length of service, your employment can be easily terminated.

If your salary offer can be proven, then you might have a stronger argument -it would not be too easy to prove that our was a mistake. But it would still require you to enforce the salary, if they refused. And that leaves them plenty of time to get rid of you before you get to two years.

FireWyrm

sangie595 wrote: »

I agree. Unless you can prove it, then there is probably little that can be done. And given your length of service, your employment can be easily terminated.

They can terminate your employment, but likewise, so can you. Personally, I would keep my mouth shut for now but start looking for something else. Presumably, there is some sort of probationary period within which you are only obliged to give 1 week's notice? Use it - find another job. This bunch cant be trusted.

Either that, or just live with it...your choice. Unless you have some sort of written proof, you are up a creek and they know it.

KiKi

Hang on - HR had it 'wrong' on their system. Okay, things can be entered incorrectly and need correcting.

But you then 'chased it up' with your boss, and their boss, so what happened - did they agree with you? You don't mention that your boss denies it, so is it just that it needs to be corrected?

KiKi

chuckley

how were you placed on the payroll with no signed contract?!

alternatively, are you sure it's not emergency tax?

MataNui

Thats pretty tricky.
HR do make mistakes and it might be that they just entered it wrong, but if they have now produced a contract with that figure then (if you are being honest, and i have no reason to doubt you) it looks like the company is trying to pull a fast one.

Unfortunately if this is the case there isnt anything you can do about it to get the money you were promised. I dont know about the job or your skills and employability but i would probably not put up with it. If you know you can move on then i would:
Not sign the contract (put it off as long as possible).
Look for work elsewhere proactively.
Avoid overtime (you have not signed a contract after all).
Then when i found a job i would simply get my last paypacket, write off any outstanding and not turn up the next day.

OR

If you have the cash to last a month or so give them a week to pay you what you are owed. If they dont then just dont bother turning up again.