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Back pay

Hello all, I usually hang out on other boards, but have a specific question on behalf of a young friend.
She has been underpaid for 4 years. Her contract stated that she should be paid X, and her pay slips very definitely show a lower gross figure.
She, rather naively, only looked at the bottom line! She just realised at a meeting about hours and pay.
She will ask for to be repaid, and as it is a small firm, will be willing to be flexible.
But we would like to know her legal position. Is there a time limit in which she should have informed her employer?
Thank you!

Comments

  • I wouldn't think she'd have an argument for any to be repaid but she'd need to just ask the question and try to work out how the error has occurred. Could it be that the contract is wrong and the figure on the payslip is correct?
  • sangie595
    sangie595 Posts: 6,092 Forumite
    jackyann wrote: »
    Hello all, I usually hang out on other boards, but have a specific question on behalf of a young friend.
    She has been underpaid for 4 years. Her contract stated that she should be paid X, and her pay slips very definitely show a lower gross figure.
    She, rather naively, only looked at the bottom line! She just realised at a meeting about hours and pay.
    She will ask for to be repaid, and as it is a small firm, will be willing to be flexible.
    But we would like to know her legal position. Is there a time limit in which she should have informed her employer?
    Thank you!
    The first answer wouldn't be correct. If it is correct that she has been underpaid, and she does need to check, then it is a debt like any other - she is entitled to claim it back up to six years. If the employer doesn't pay it on request, then she has the right to take legal action to get it. Of course, how wise taking your employer to court is, would be a different thing.
  • andygb
    andygb Posts: 14,697 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I wouldn't think she'd have an argument for any to be repaid but she'd need to just ask the question and try to work out how the error has occurred. Could it be that the contract is wrong and the figure on the payslip is correct?


    Wrong and wrong again.

    If there has been an error then she has to be paid the shortfall.
    It is the company's job to find out how the error was made, not the employee's.
    If the contract is wrong, but has been signed by all parties, then it is binding.
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