Back Pay - can anyone help?

[traisi]

When I started my current job it was in the process of being re-graded. After working for 8 months I was finally paid my new salary, however, the re-grading was actually confirmed to have been valid from before I started work - basically I'd been underpaid for 8 months. The majority of staff have had their jobs reassessed and regraded so I am not alone in this.

So now I've been paid at the correct rate since November '05 but am still awaiting my 8 months back pay. I have recently discovered that this pay will be given 12 months after the date I received my new salary, ie: Nov '06. This is a new tax year and had I been on a much higher salary this back pay might have taken me into a higher tax bracket for this 12 month period which had it been paid on time it would not. (thankfully, or not, I don't earn that much!) Anyway, I'd like to know if I am within my rights to request interest on the sum held back by my employer. It might not be a great deal for myself but there are rather a large number of people in the same position as myself so the interest accrueing on what we are owed could end up being quite a sizeable amount and I wouldn't mind it in my back pocket thanks!

Any comments?

[greenhat]

In my Opinion ,

 

Your contractual rights to Interest on Back pay can only be determined by your individual employment contract (which is probably completely silent on the matter). Custom & Practice and the application of internal processes to your colleagues' T&C's may be relevant to your claim under the Equal Pay Act.

 

I suggest the following given your fairly recent tenure with your employers

 

If you have a trade union or staff association body raise the issue on a generalistic and non -identifiable basis through them.

 

In the absence of the above and your presumed requirement to retain your current employment tread carefully.

 

You may wish to keep bated breath until at least you have enjoyed/endured one year's employment with the Company.

 

At that point you wil enjoy certain legal protection in relation to your current employment and your employer will or should be expected to be aware of this.

 

This should allow you (if you so desire at that time) to put in a backdated claim with minimal chance of receiving the ultimate sanction. In the real world, I would recommend you undertake a mental cost/benefit analysis of taking this step.

 

This is only an opinion given by an individual who asserts no legal background or qualifications but seeks to assists others throught the exercise of opinons gained through life experience.

 

Please Read,Interpret and Action entirely at your own risk.

 

Finally, Good Luck

[martinwhite]

You could consider going down the unlawful deduction from wages angle? There are only a few "allowances" for deduction from wages, none of which appear to be covered by the OP.

[traisi]

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