Back dated pay rise...
 

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Back dated pay rise after leaving employment question

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I used to work for a local authority and left mid may this year with the agreement to pay all of my notice period etc in a lump sum ( so around 3.5 months)  There has just been agreed a pay rise that is back dated to the 1st of April this year, am I entitled to the pay rise for the time I was employed (or pay that was paid since April 1st) or not as I had left before it was agreed?

Many thanks


 
Posted : 04/12/2023 9:35 pm
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Ex-employees from our place (Govt Dept ALB) in a similar situation will get the money back-dated so I suppose you should too.


 
Posted : 04/12/2023 9:40 pm
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If you ask then they will pay it, if you don't ask then they'll probably keep quiet.


 
Posted : 04/12/2023 9:54 pm
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Just had a similar conversation with unions as we haven't agreed our 23/24 pay award yet (Env. Agency). Their thought was, if you ceased employment before the pay deal was agreed then legally you are not owed the back pay. Even though nominally it is a 'pay deal to cover back to April 2023' you weren't employed when the agreement was reached. Of course you can still ask but expect a 'no'. It would be a bit more complicated if it were in your notice period, depending if you had ceased employment or were on gardening leave. Wish it was different as every employer I have ever had has taken 6+ months to reach a pay deal and I've mostly been on short term contracts.


 
Posted : 05/12/2023 7:04 am
tillydog, lister, tillydog and 1 people reacted
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You should get it, yes.
I took VR from a previous public sector job in July 2022. Got my notice pay and redundancy money in the July payslip.

In about November 2022, I got an email from them to check my bank details were still the same and then a lump sum payment for the backdated April -July wage increase.

Whether the pay rise had been agreed or not at the time you left is irrelevant; you worked there for X time and it's now been decided that anyone who was there during X time (whether they're still employed or not) should have been paid more than they were.

The whole process is a load of bollocks - the public sector asks for 15%, Government says no you can have 0.2%.
Then there's months and months of argument and they settle on 3%, as always.


 
Posted : 05/12/2023 7:26 am
dc1988 and dc1988 reacted
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"Whether the pay rise had been agreed or not at the time you left is irrelevant" well legally as far as I can see it's not irrelevant. I think it depends what your contract says. But if your contract doesn't say you get back pay then my understanding is technically the terms are not part of your contract until they are agreed or imposed. Would love to be corrected with some case law.


 
Posted : 05/12/2023 7:43 am
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Does it not depend on whether you left with an agreed redundancy package (and what was agreed in it), or just quit to move on to a new job? That’s if we’re talking legal rather than the right thing to do.


 
Posted : 05/12/2023 8:10 am
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I've never heard of any backdated pay not being paid to a leaver if they've asked for it. The pay award covers the financial year regardless of when it's agreed 


 
Posted : 05/12/2023 8:17 am
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Thanks for the responses, no redundancy left to explore new options. I'll contact and see what is said.


 
Posted : 05/12/2023 9:28 am
kelvin and kelvin reacted
 poly
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I’ve never heard of any backdated pay not being paid to a leaver if they’ve asked for it. The pay award covers the financial year regardless of when it’s agreed

Wow.  Presumably this is public sector.  I can't imagine any normal employer thinking that was reasonable (unless special arrangements for redundancy / compromise agreements etc).


 
Posted : 05/12/2023 9:49 am
kelvin and kelvin reacted
 ji
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I can’t imagine any normal employer thinking that was reasonable

But any normal employer wouldn't routinely take 18 months to agree what a reasonable pay rise for their employees is...


 
Posted : 05/12/2023 11:31 am
dc1988, footflaps, footflaps and 1 people reacted

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