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Am I entitled to a pay rise?
Hi,
Just wondering what my legal rights are (if any) regarding inflation-related pay rises? I thought your pay was supposed to automatically go up with inflation, but my boss says because we work for a charity, we are limited by our budget and that rule doesn't apply. Is it at the discretion of the company then?
I would like to argue with the boss a bit more, but only if I am in the right!
Any help appreciated, thanks
Kate xx
Hi Kate,
Basically, there is no statutory right to a pay rise at all. It's all down to contract/custom and practice. So, if your contract stipulates that you'll automatically get a rise, then you have a right to one (this is relatively rare - contracts usually say 'your pay will be reviewed annually, but you have no automatic expectation of an increase'). If they don't give you one, you can sue (at the extreme end of the spectrum!).
Otherwise, if you've worked for your firm for ages, and have always had an inflationary increase, then you may be able to argue custom and practice - i.e. an 'implied' contractual term. If other people get a rise and you don't, then again, there may be issues over whether you can argue breach of trust and confidence, etc.
I'd have a word with your boss and see where you get to - but bear in mind that unless it is in your contract, you're not on fantastically safe legal grounds.
Good luck!
Rachel
Live Q&A on Ask The Expert
Employment lawyer Rachel Lewis advises on your work-related issues
Basically, there is no statutory right to a pay rise at all. It's all down to contract/custom and practice. So, if your contract stipulates that you'll automatically get a rise, then you have a right to one (this is relatively rare - contracts usually say 'your pay will be reviewed annually, but you have no automatic expectation of an increase'). If they don't give you one, you can sue (at the extreme end of the spectrum!).
Otherwise, if you've worked for your firm for ages, and have always had an inflationary increase, then you may be able to argue custom and practice - i.e. an 'implied' contractual term. If other people get a rise and you don't, then again, there may be issues over whether you can argue breach of trust and confidence, etc.
I'd have a word with your boss and see where you get to - but bear in mind that unless it is in your contract, you're not on fantastically safe legal grounds.
Good luck!
Rachel
Live Q&A on Ask The Expert
Employment lawyer Rachel Lewis advises on your work-related issues
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