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    • You honestly have a very serious situation here. Is there any chance that this problem might be being caused by somebody that you know? In future you should open all letters and copy them and then return them to the sender but make sure you have a copy. This is very important. I understand that the three of you are being targeted. I am saying "targeted" because it is too much of a coincidence that you are all the subject of the same kind of identity theft/identity fraud committed by different people. This suggests very strongly to me that there is one person who is doing this and the fact that this person is doing this to all three of you also suggests very strongly that it is somebody who is known to you. I would find it difficult to imagine that there could be any other explanation. Have you got a list of the companies that have become involved because of this problem? Please could you post up a list here
    • Yes I am so sorry.  I am using my phone to type and it comes out in a block.  I will see if I can borrow use of a friends computer next time 
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    • Sorry I’ve just been a bit upset about it.       It started with my daughter (aged 27) four years ago.  We rang the train company and tried to sort it over the phone.  I know now that was wrong.  My daughter has had at least 6 separate letters relating to different incidents of fare evasion.   One of the incidents was going to court.   My other daughter has had about 8 or more separate incidents. She has a file which I can get this week.   My ex partner has now started to get some (Erica instead of Eric ).   There ha e been some addressed using our surname but with a forename not known.     The one relating to me had gone to court and I have had to ask them to open the case again.   I was advised not to do a statutory declaration as although I didn’t open the letter addressed with a misspelt surname I did suspect what it was and so couldn’t say I didn’t know about it.   At least one other has gone to a court.   So many we have out back in the post as unknown at This address.     There are too many to fight each one altogether for my family they must be over 20, I’m sorry this isn’t very well space I only have the use of the phone   I don’t have a computer
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Employer refusing to backdate pay


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Hope someone can give me some advice on this.

 

I went on a career break from work for 2.5 years.

I returned to work 3 years ago.

 

When I took my career break I was aware (it was written in pay and allowances manual) that I would come back to work on the same pay that I would have been on had I been at work for the period.

I should have had pay awards added to my salary for my return.

 

however, after being back for a year I discovered that other staff had received £500 pay increase while I was off which I didn't get.

I queried it and was told that I hadn't received it because it was non-consolidated and non-contractual.

 

I argued my case at the time as the only guidance available to me was that I would receive any pay award due to me, with no mention of non-contractual.

 

After several months of being told I wasn't eligible i gave up.

That was in January 2015.

 

This year in august that £500 was made contractual to those staff who received it

i tried again to get it and took it as far as going to ACAS.

 

They instigated early conciliation and I have been told today that I will get the pay increase backdated to this August. Now, I'm delighted about this

 

I believe I should have the increase backdated to October 2013 when I came back from my career break.

It seems they are admitting to being wrong so logically they have been wrong for 3 years.

 

I am now wondering whether I should go to a tribunal and whether I have a good case.

They have never been able to show me any written policy stating I am not entitled to the increase.

Can anyone give me any advice?

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Addition to above: I meant to say I am delighted that they have agreed to pay me the higher salary BUT I think it should be backdated. Just noticed it didn't read well.

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What do you have that you say entitles you to have a £500 increase backdated to October 2013? What is the nature of the document and what is the exact wording?

 

The details are important, because the key legal question will probably be whether or not that document is contractually binding on the employer.

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Hi

Thanks for reading and replying. The guidance I read comes from the Pay and Allowances Manual which forms part of my contract. It states "on return from an unpaid career break, unpaid special leave our unpaid extended sick leave your salary will be set at the level it would have reached had you received the annual pay award for each of the years you were absent."

Their response to my enquiry was that this £500 was not a"pay award" but I am at a loss to think what else it could be considered as.

Many thanks

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Hi

Thanks for reading and replying. The guidance I read comes from the Pay and Allowances Manual which forms part of my contract. It states "on return from an unpaid career break, unpaid special leave our unpaid extended sick leave your salary will be set at the level it would have reached had you received the annual pay award for each of the years you were absent."

Their response to my enquiry was that this £500 was not a"pay award" but I am at a loss to think what else it could be considered as.

Many thanks

They also said that the pay award (or whatever they wanted to call it) was non contractual. I'm not sure what this really means. Is it ok to give staff non contractual awards when it suits? Does it matter that the guidance I quoted above doesn't mention non contractual payments? It all just seems a bit underhand.

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It does look like contractual but they're being difficult. Was the policy in the manual in effect when you left or added at a later stage?

 

Is the annual pay award discretionary? Did everyone in the company get it?

 

The £500 you received may not be a pay award because of ACAS - more like compensation.

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I think you would have to look at your terms of service and then get hold of the letter that informed anyone else of this increase in pay. I bet it is contractual and thus you would be owed the money backdated to your return to work date. They have clearly paid you something to avoid anyone scrutinising it too closely, right or wrong.

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Hope someone can give me some advice on this.

 

I went on a career break from work for 2.5 years.

I returned to work 3 years ago.

 

When I took my career break I was aware (it was written in pay and allowances manual) that I would come back to work on the same pay that I would have been on had I been at work for the period.

I should have had pay awards added to my salary for my return.

 

however, after being back for a year I discovered that other staff had received £500 pay increase while I was off which I didn't get.

I queried it and was told that I hadn't received it because it was non-consolidated and non-contractual.

 

I argued my case at the time as the only guidance available to me was that I would receive any pay award due to me, with no mention of non-contractual.

 

After several months of being told I wasn't eligible i gave up.

That was in January 2015.

 

This year in august that £500 was made contractual to those staff who received it

i tried again to get it and took it as far as going to ACAS.

 

They instigated early conciliation and I have been told today that I will get the pay increase backdated to this August. Now, I'm delighted about this

 

I believe I should have the increase backdated to October 2013 when I came back from my career break.

It seems they are admitting to being wrong so logically they have been wrong for 3 years.

 

I am now wondering whether I should go to a tribunal and whether I have a good case.

They have never been able to show me any written policy stating I am not entitled to the increase.

Can anyone give me any advice?

 

You were on a career break, meanwhile others worked. They got some financial increase and you demand it too. You got some but you want more. With all respect, I find it greedy and I don't think you've got case because it's false entitlement.

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