Back Pay

pilatus

Hi, I'm asking on behalf of my girlfriend, she was promoted to a position within her job over 2 and a half years ago, although she didn't get the corresponding pay rise to go with the position. She was called in by her boss and said she is finally getting a payrise, she asked would she be back paid for the last few years, she was told no, that they don't do that. She is very quiet and didn't challenge them. A few other staff members were also promoted and received their pay rises much sooner than she did.

Does she have a legal right to be paid to make up for the lost pay? I know, she let it drag on too long but what if anything can be done about it now.

Thanks

clintondaly

Did she get a new contract to go with her new position,has she anything in writing to back the claim ?

Sir Ophiuchus

Was she actually offered that pay rise on taking up the new role, or was it more like 'you're a supervisor now, well done' and it was just assumed that there'd be a pay rise to go with that?

pilatus

There was no contract issued originally, she is to sign a new contract in the next week or so. She was given the new uniform and and it has a higher pay grade associated with it. She was told also at the time that she would receive a pay rise, but it's all verbal unfortunately.

Wheety

You mention uniform. Is this retail? Can she talk to HR? Just ask why she wasn't given the payrise when she took on the role? Maybe ask to be bumped up the salary scale an extra point or two to make up for it?

OMM 0000

Without a contract, if she brought them to court over this, it would be her word against their word. Although obviously there is evidence people in a similar situation did get a pay rise. But is it really worth it to go to court over this?

I know this isn't the answer you want, but I think your girlfriend needs to use this as a learning experience.

1) Get everything in writing.
2) Don't wait 2.5 years if there's a problem. She should have pushed for this when she noticed she didn't get the new pay rate the month after getting promoted.
3) People will walk on you if you're meek. The reason the other promoted people weren't taken advantage of is because the management team knew those people wouldn't tolerate it.

I am sure your girlfriend is a lovely person. She doesn't want to cause trouble, and she is willing to suffer if that means keeping the peace. But the reality is the world takes advantage of these sorts of people.

Perhaps she could consider assertiveness training so this doesn't happen again?

My congratulations to her for at least getting the pay rise now. It's not all bad news.