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Legal matters

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Legal advice - contractual rights

3 replies

dianastil · 08/02/2019 21:05

Hey everyone.
I need some advice on a legal matter.
My husband works for a company for almost four years. His contract says that every 12 months he will have an appraisal and a pay rise.
He is waiting for his July 2018 appraisal and subsequent pay rise for almost seven months now.
Since September he has been reminding his supervisor that his appraisal is due, but it keeps being postponed due to the supervisor s lack of availability.
In the meantime my husband decided to leave the company and handed in his notice but keeps pushing them to do his appraisal and pay him the money that he is owed since July, had his pay rise taken place.
Today he got an email from HR telling him that he will not get the pay rise nor the appraisal because he has handed in his notice, meaning he is not entitled to it anymore.

Could anyone tell me. Is this legal? Aren't they breaching his contractual rights? Can they not give him the pay rise if it was their fault he never had his appraisal. Should we threaten his employer into taking legal action if they don't back pay the extra money he is owed from July 2018 till now?

Please let me know your thoughts.

Thank you for your help.

OP posts:
Stumpted88 · 08/02/2019 21:12

Is it not appraisal followed by a pay rise? I.e if you get a good appraisal you will get a pay raise because I really very much doubt, unless there is some sort of typo, that any place of work would commit to a pay rise every year.

Also, usually in standard employment contracts bonus and pay rises are also linked to company performance.

I would not waste your time seeking legal advice, less than half of years % pay rise minus tax is hardly worth it, surely?

AlwaysCheddar · 09/02/2019 08:55

If it states the pay rise is dependent on an appraisal, difficult. If contract says he gets an annual increment, then you’re in luck. Call ACAS.

BringBackDoves · 09/02/2019 08:59

Depends on the wording. Many places would commit to an annual pay review but that just means looking at whether to give people a pay rise - a review might well decide to give no increase, or a small one, based either on his performance or that of the business. It would be quite unusual to contractually offer an annual pay rise.

Also they may have a policy which doesn’t give increases to people working their notice so he would need to ask to see the specific policy wording as well as looking at his contract.

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