Am I entitiled to the cost of living payrise backdate from my old employer?

bar_1

Hi,

I left my old employer 31st August 2007. At the time we were waiting for a cost of living payrise to be backdate to April 2007. They have now agreed this payrise. I want to know if I am entitiled to this for the period I wzas working there of which it will be backdated (1st April to 31st August).

Thanks,

Bar

Emmzi

No, if you left, you get nowt! They aren't legally obliged to give you amything, and most won't.

ceridwen

... and where is the proof that O.P. would get "nowt". To me - I would have thought they would have to legally.

Worth checking out....could be an idea to google for the TUC website (as in Trades Union Congress). Have an idea there is a legal bit on it.

emg

you might. I work in the NHS and people who left before the Agenda for Change pay was finally sorted got their backpay but only if they contacted HR to apply for it.

maninthestreet

Unlikely I would have thought - you no longer have a contract with your previous employer, so you are unlikely to be paid any back-dated payrise that has been awarded since your contract ended.

Sagaris

When a friend left a job once she was told to write in, claiming any back pay/cost of living rises that had been backdated to before she left - and she got it. That was for a council, my daughter left a council job in July and the award was backdated from April so I've told her to contact HR or Salaries - I think if you worked there at that time, they have to pay it?
Fingers crossed for you!

jobbingmusician

I'm really not sure. And I ran a company with 65 employees for many years where this backdated payrise was an issue every year. Hardly anyone ever applied for it - my advice would be to apply, keep searching the web, ring ACAS for advice, and see what happens. Apply whatever anyone tells you - you have nothing to lose!

bar_1

Thanks for the advice. I have contacted ACAS and they told me to check my contract. There doesn't seem to be a law that says we are generally entitiled to this.

ceridwen

bar_1 wrote: »

Thanks for the advice. I have contacted ACAS and they told me to check my contract. There doesn't seem to be a law that says we are generally entitiled to this.

Gap in law there methinks.

Ask for it anyway.

JobbingMusician - saw your comment re hardly anyone applied for it. Am now wondering why it wasnt automatically forwarded to them though - without them having to apply for it???????

PS; In fact - one has earned the money whilst there in post - therefore how could it possibly not be payable. Someone needs to bring a legal test case - which I would say is an estimated 95% they would win - and then it will be there enshrined in law. Are you in a position to be the person who does that if a request for fair treatment brings no joy?

Zazen999

Hi.
Write in and ask for it, mentioning that you assume that it applies as you did the work in that time period and are automatically entitled to it. If they quote back that you aren't, then you have something to go on and to appeal against.
Good luck.

Savvy_Sue

I think the reason why it wouldn't be paid automatically is that the employer no longer has a relationship with the former employee: how do I know where Fred who left 3 months ago is now living? Fred has no reason to tell me, does he?

Mind you one might argue that the employer might reasonably be expected to write to the last know address of all former employees affected by a backdated payrise, but sending a cheque out automatically - nope.

Whatever the contract says, there is nothing to lose (except the price of a stamp and the time involved in writing a letter) by asking.