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Backdated pay once you leave

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bec1973 | 17:44 Thu 09th Dec 2004 | Business & Finance
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Does anyone know whether you are due backdated pay if you leave the company before it is introduced?  I've been on a kind of pay freeze for 2 years because of a new pay structure which should of started in June 03.  so technically I have already earned that money. I'm now leaving but this new structure is still not in place....I work for the NHS.   thanks

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I was hoping someone else would answer this, but as no one has I will have a try.
I do not think any of the employment legislation deals with the question, but if any one knows differently please shout.
We are therefore looking at a straightforward question of your contract. There is generally no contractual right to a pay increase. It is simply a question of renegotiationg pay rates from time to time. There are statutory obligations to pay the minimum wage, and not to discriminate, but those points are not relevant to your question.
Therefore as you work, yesterday, today and tomorrow, you are only entitled to the rate of pay currently in force.
It could be argued that there has been some sort of promise or offer by your employers to give you a backdated pay rise in the future, but that looks like a gratuitous offer, not a contract, becuase you have given them nothing in return.
My short answer is - no.
Don't forget - the NHS is a 'government' employee.  If you are entitled to it you will (eventually) received it.  Make sure they have any new address you may have - bearing in mind that you will have some superannuation monies around somewhere!
You need to ask for it, they're not going to come looking for you.  Are you in a union, they may help?

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