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Can we claim for back pay in an equal pay claim prior to when we had a change of roles?
I have worked the night shift in a residential home for the past 17 years. About 4 years ago we had the chance to either take a senior care officer role which there was only 2 jobs available on nights or change from senior care officers to care assistants and keep our grade 17. There are currently 5 staff on nights who thought they where grade 17, but 2 members of staff have had letters and are only receiving payment for their contracted hours and have only been based on grade 6. We also have further responsibilities as we have recently opened a new EMI unit and one member of staff must work in this unit at all times. Because of the level of dementia most of the old 17s have n.v.q. I have level 2 and 3, plus I am a qualified first aider. Do we qualify for different claims as our job title has changed? I am contracted 20 hours per week, but because of the new unit we always work 3 or 4 nights.
I assume that your question relates to equal pay back pay.
Basically any claim for equal pay must be brought within six months of the ending of the employment contract to which the claim relates. If you do receive back pay awards your employer may seek to limit yours by saying that you are not entitled to back pay for the period prior to your change of roles.
Whether or not your employer is correct turns upon whether or not your job change represented a new employment contract or a variation of your existing contract. It will be necessary to see all your employment documentation to advise on this point.
You should note however that irrespective of any change of roles back pay awards will only go back six years from the date of issue of any Employment Tribunal proceedings.
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