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Pay rise agreed after I left - help!

Discussion in 'Further Education' started by mwktar, Jun 27, 2020.

  1. mwktar

    mwktar New commenter

    Hi all, the annual (should be August) negotiated pay rise was agreed around March and then backdated, as it usually is and should he, to the August.

    I left my college on 05/01 so asked about getting paid for the period I worked, Aug-Dec (I had seen similar Anecdotal cases online where the pay was just forwarded)

    they eventually got back to me with “on advice they won’t pay”

    I got the union involved who asked based on what legislation, the response was, the don’t know but that was their advice.

    the union have said that I need to file with ACAS conciliation (which I have) but that if they can take to tribunal it’s on me to prove that they have to pay me (wonder why I pay fees!)

    Has anyone come across this before. I’d rather not have “well I think” - I need actual cases and outcomes.

    if it’s against me I’ll lump it, but it’s the fact they just got some advice (not even legal) that makes me think they haven’t really looked into it.

    I know i said I’ve seen cases online but these are old and anecdotal, I need actual FE cases I think
     
  2. diddydave

    diddydave Established commenter

    No actual cases I know of and I'm not a lawyer but I'd consider the following angles:

    Your contract I presume stated that your pay was subject to pay raises calculated in this fashion and so you would expect to be paid whilst doing the work. If others have been paid more than yourself for doing the same job then there are possible grounds for claiming discrimination.

    1) Possible indirect age discrimination. If they do not pay the award covering the period where people did work to people who have subsequently left employment then this is more likely to affect older employees who would have an additional reason for leaving employment - i.e. retirement.
    2) Possible indirect sex discrimination. As above but as women are more likely to leave employment to have/raise children.

    Also, the tribunal will look at whether this amounts to an unlawful deduction of wages. Check your contract. If it refers to what happens when you leave then it may be that only the above would be of any use to you. Equally if it refers to how the pay award is made each year and then backdated that would be useful as it is evidence that you would expect to have been paid it, otherwise all you have is your expectation.

    Might be worth seeing if you can contact any other employees who have left in the last few years to see if they received the backdated award.
     

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