Employer refusing to pay back dated pay.

[russ_a]

I work for a large organisation that has withheld the last two years pay rise until the union agreed to a new contract. The company sent out an email stating that if the agreement was signed off by the union in August then we would receive the back dated pay in our September pay.

The new contract was signed off by the union in August and comes into force on the 1st September. HR \ Payroll have now confirmed that they can now no longer pay in September but will pay in October.

However, I leave the company on the 5th September (after the new contract comes into force) but HR have advised they will no longer pay me the pack dated pay as I won't be on the pay-role system.

Before I pay to speak to a solicitor has anyone been in a similar situation?

[Zeeky]

Entitlement depends on the agreement and your contract. If your employer is contractually obliged to pay you in September but is unable to do so you should be entitled to the back pay. If there is no contractual obligation to pay in September and payment is dependant on you still being employed then you are not entitled to payment.

You need advice on your particular contract with your employer. The collective agreement is likely to be incorporated into your contract. If so it is enforceable but only according to its particular terms.

[Countdown]

I've been in similar situations. It varies from company to company. Some will pay arrears to everybody who had accrued them, others would only pay leavers if they wrote in to ask for them and the "worst" case scenario was only paying arrears where people were still in post on the pay date AND hadn't handed their notice in.

[russ_a]

My employer will pay me in September but only for the hours worked. They state they are not able to pay the back dated pay as they don't have enough time to calculate the monies owed.

I was informed verbally that if the agreement was signed in August I would get the pay. An email was sent out to all employee's stating that monies owed will be paid in September.

Unfortunately, there is nothing in my contract (new or old) about back dated pay.

Thanks for the quick reply!

[ChasW]

You could offer to do the calculation for them. Sounds like they are being bloody-minded. In my company the payroll person would do the calc and write a cheque for back pay owing. Done in 5 minutes.

[MrPicky]

Withdraw your notice, that should get them thinking.

[russ_a]

Not sure I can withdraw my notice now. I've requested that they confirm in writing the reason why the back dated pay is not going to be paid.

I will then raise an official grievance and follow the process. If that fails believe the next step is ACAS.

[Zeeky]

You can agree with your employer to withdraw your notice but you cannot do so unilaterally. You Union may be helpful in advising the terms of the agreement. If you are not a member then raising a grievance is sensible at this stage.

[russ_a]

Official grievance raised. Should here within the next 10 days if they want to have an internal hearing.

Reading the ACAS site I believe that I need to offer the chance of a mediated hearing with ACAS before I can request an official tribunal.

I'm hopping it doesn't come to that but will take it all the way.

[elanfan]

Just tell them you will issue a money claim online against them. Might not do their credit rating any good? (Not sure if it shows up anywhere but if it does it cannot be good).

[russ_a]

They turn over 8 euros Billion a year - Not sure than a few k will bother them