Employer doesn't want to pay underpaid pay

nik_k

I want to just run this past you folks and see what the general consensus is...

I worked for my employer as a casual between 18 July - 16 September last year. I was employed on an hourly rate. Every year this institution has a pay review, which resulted in the hourly rate of pay being increased from £8.80 to £9.25. This rate of pay was backdated to 1 August, and paid in January.

The issue here is that my employer is refusing to pay this backdated amount to me for the hours I worked between 1 August and 16 September, saying that they're only paying those casuals who are still currently in post.

Is this legal? Should I be making a scene about the fact they're refusing to pay me?

marliepanda

Are you not working there anymore?

As its over minimum wage I imagine they can put as many caveats on it as they want.

nik_k

Nope, not working there at present, but it's possible I may again sometime this year over the summer.

How can they put a caveat on not paying the correct rate for hours worked, albeit the difference in pay between the original hourly rate and the current hourly rate when the hours were worked while the current hourly rate was applicable?

Masomnia

I suspect it is legal.

Does your contract or other written agreement specify anything to do with it? Unless they're breaching the contract I'm not sure you have a case.

As it is, you were offered work at £xph for that duration, and if they paid you that for the hours you worked they've just done as agreed. I can see why you're cheesed off as people you worked with at the same time will get extra for the same job, but I don't see how it is different from them getting a bonus for staying with the company for longer.

Interested in other thoughts on this one though.

lincroft1710

As long as they are paying NMW or above, they aren't breaking any employment laws. They can make rules about who gets a raise and who doesn't as long as they don't offend employment discrimination laws.

Make a scene and you won't be working there again

stator

Unless your contract with them says something about annual pay reviews that are backdated then you don't have any real rights.
If the contract does say something like that then you might have a claim

nik_k

Thanks all - it just sucks that I can't get paid what I'm owed for what I worked, in line with the actual pay rates for that period, but that's just life I guess!

ScorpiondeRooftrouser

Did you actually call them months after you had finished and say "I see you have given your staff a backdated pay rise covering the time I was there, can I have my extra money please?"

I find it odd that anyone would find it odd that they refused.

steampowered

It sounds like you were paid the agreed rate for the hours you worked.

I don't think you can ask to receive backpaid pay increase, when that pay increase was introduced after you had already left the employer.

Ronaldo_Mconaldo

ScorpiondeRooftrouser wrote: »

Did you actually call them months after you had finished and say "I see you have given your staff a backdated pay rise covering the time I was there, can I have my extra money please?"

I find it odd that anyone would find it odd that they refused.

Yes, perhaps we should contact all of our old emplyers to see if there has been any backdated pay for any time we might have been working there so that we can help ourselves to some of that.

TELLIT01

It's far from uncommon for changes / bonuses only to be paid to staff still in employment on the date it was due to be paid. In your case payment was due in January but you left in September.
One place I worked was famous / infamous for having fixed term contracts ending on the 30th June. They did the same any time there was around of redundancies. Annual bonus payments were only made to people still in employment on the 1st of July. I'd assume it's legal as that was a public sector employer.