I accepted a payrise but I haven't been paid it.

[CargoShortsAndSlippers]

I work for a small company, and recently the Director offered me a payrise with an increase in hours, backdated for this month onwards. I accepted it, and have been ignored ever since. Director has been ill, so I attributed radio silence to that, but it appears I've actually just been ignored.

I've increased my child's hours at nursery, and have been working the extra hours (remote, wfh, even before covid), now without pay, apparently.

I have been offered a new role elsewhere and will soon tender my resignation - is it worth the bother of addressing this issue, or should I just walk away? I will need a good reference....

Sorry OP I think maybe my experiences of working in small companies has been better. xx

Yes, fine, but the assumption that I'm not doing anything about it is incorrect. I started a thread to get some outside input, and I did get that, so cheers.

Forward the email confirming the new hours and new rate of pay to whoever did this month's payroll
Point out that there seems to have been an oversight and that you've not been paid the new rate or the new hours in line with the email confirmation (below), and ask that this can be rectified ASAP as you have increased nursery costs to pay to cover the extra hours you have been working.

Job done.

You've done the right thing by flagging it up. My guess is if the Director has been ill someone else may have run the payroll this month and not had sight of your pay rise. I very much doubt it is intentional. Mistakes do happen, although they shouldn't.

I've never missed a pay rise on a payroll run, but we changed payroll provider at one point and they used a different bank. The new bank paid over the salaries by close of business on pay day, not by the preceding midnight. Staff went nuclear. Many refused to come to work. It was very difficult and completely outside of our control. Monies were paid as per their contract which stated by close of business but they had been used to getting the money earlier. We had no warning of the change either.

My point is things work both ways, and given the circumstances give them the benefit of the doubt as I am sure it will be rectified. Large companies make mistakes just as often, and can be far less flexible about fixing them. I had to wait until the next month when I was underpaid, as payroll was only run once.

With respect to your payslips, what software does the business use? They might possibly on-line? Ask.

My guess is if the Director has been ill someone else may have run the payroll this month and not had sight of your pay rise.

This. Either the other person doesn't realise you accepted a pay rise, or knows, but doesn't realise it was to be backdated.

Since you have it in writing, just raise it and say "oops I think a mistake has been made, please see email below" and then forward the email where it said about it being backdated for April. They will probably say "oops I just paid everyone the same that they had in March, sorry about that, will rectify".

Mistakes happen, no big deal!

I remember having to talk to a team members bank after a payroll error meant she was only paid part of her salary. They were financially struggling, it was a new job after a period of redundancy and all the bank's flexibility was used up. I had to beg to get them to accept a days delay in the mortgage being paid while persuading payroll to prioritise her payment (not the only error that month). All the time she was in tears in my office.

So yes, mistakes happen and we all make them but that doesn't lessen the impact.

Well, I've had my reply and the answer is that this email was not considered a contractual obligation and in light of me resigning anyway, it won't be honoured. So there we have it. At least I know where I stand.

Oh that’s totally crap. Can you take those hours off this month? Ideally the extra from last month too, but definitely your new additional hours coming up.

It is a contractual obligation. Everything required for a contract was in there.

See what I mean about small business owners behaving like the law does not apply.

Phone ACAS and see if there is anything you can do, even a template letter or something to use.

Or simply email him back outlining the additional hours you worked, which you will be deducting from this month as they have not been paid. And obvisouly dont work the additional hours this month either. Just take back the time owed.

That's shit of them. At what point did you resign? If you've worked additional hours you need to be paid for them. Do you have evidence you've worked more hours and does this failure to pay you for them mean you haven't been paid the NLW?

Can you negotiate a shorter notice period and start the new job sooner?

And yes, there is a contract created by that email exchange and you working the extra hours. Don't worry about the reference side of things - make sure you forward the emails to a personal email address or print them out and take them home.

I'm clawing the hours back and I'll not work a second longer than I am contractually obligated to do- originally.

I appreciate the feedback, but I really don't feel comfortable pursuing it further. I have holidays accrued so I will probably just be able to leave sooner than the date I quoted in my resignation letter and I'll just go. And never work for a microbusiness like this again.

That's your choice and understandable. I hope the new job works out for you.

I'm confused, in your first post you hadn't already tendered your resignation? Have you told them you are leaving? Did yo7 respond to the email accepting the new terms and agreeing the start date?

But I thought you hadn't tendered your resignation yet! How did they find out??

I agree about not working for a microbusiness again though. Small businesses have their pluses and minuses, but working directly with someone who has started their own business can be really difficult. Sometimes there's so little flexibility because there's literally no extra capacity in the business. I'm glad you have a new role!

Oh argh, my apologies, I tried to keep the details fuzzy in case of being outed, but I got upset and forgot.

I tendered my resignation today, and also queried the lack of pay rise. I originally accepted the pay rise not knowing if I would have a job offer by the end of the month, and I thought it would be stupid to say no to more money, when I had no idea if I would have any new job to go to at any point soon. Turns out that wasn't really an issue in the end.

Ah.... on behalf of small businesses can I just point out they aren't all like this! If you have an email trail re the pay rise, then you are entitled to it. Being pissed off that you are leaving doesn't allow them to rescind it.

Good luck in your new job. I imagine you are glad to see the back of this one.

Thank you.

@CargoShortsAndSlippers

Well, I've had my reply and the answer is that this email was not considered a contractual obligation and in light of me resigning anyway, it won't be honoured. So there we have it. At least I know where I stand.

Wow! Something in an email absoloutley can be considered contractual.

They owe you this months additional hours, irrespective of you leaving.

Fuckers.

I would probably respond to that email saying you have worked the extra hours over the last.month in light of the original email and your response to it. Therefore you are now x hours over contract. You therefore will reduce the hours of your remaining time with the company to compensate. Just so that you have it in writing if he starts saying you haven't worked your hours etc.

I think a good reference is more valuable than trying to recoup any owed back pay. It's a sticky situation but a learning curve.