Can an employer refuse to backdate payrise for employee in notice period?

MalMonroe

pensionpawn said:

A colleague handed their notice in early May and departs soon. The company recently told all staff that it is still trying to agree this years cost of living pay rise (effective from 1st April) with the unions and will pay the backdated amount in the month the rise percentage is agreed. My colleague contacted HR to remind them not to forget to pay him after departing (as he worked April, May and most of June) and they advised him that they don't have to as the pay award hasn't been agreed yet and he is in his notice period. That sounds illegal. He did the same job as the rest of us and should be paid at the same rate as the rest of us. Anyone encounter something similar / have an opinion?

Hi, as already suggested, your colleague could contact their union rep, or they could contact acas to ascertain the legality or otherwise of your employer's actions.

https://www.acas.org.uk/contact

I have to say that it doesn't seem right to me either, that will be about ten weeks of extra pay your colleague will be missing out on simply because of the timing of his notice to quit.

Acas should be able to help. I do hope so, anyway. 

lincroft1710

acas can only help if the employer has breached employment law or the contract. The employer appears to have done neither

Takeaway_Addict

Plus its not even morally bankrupt- why pay someone more that is clearly unhappy with working for the company that they are leaving?

r6mile

annabanana82 said:

I work in the CS and after the recently announced £1500 COL payment the criteria is that you had to be in post 31st March 2023 and and you are still employed on payment date which is still to be confirmed. 

There have been several ways this payment has been considered unfair by colleagues. I'm yet to see a pay deal that everyone is happy with

Can confirm this experience - have seen on the intranet several colleagues who have already served their notice complaining about this. Others who work part-time unhappy that the payment will be pro-rated (seems fair enough if you ask me - and I work part-time as well). And even a colleague (who I assume is on the old Premium final salary pension) delay his retirement as he thinks that COL payment will increase his 'final salary' so is hanging on. (I am pretty sure he is wrong as these payments are always non-pensionable!).