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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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My employ miss pay my pay rase for 4 years . After I mention

Resolved Question:

My employ miss pay my pay rase for 4 years .
After I mention the issue over different period during this years , they deposit , with out my approval what they think the difference should be.
I will like to know what is my right ,and if I can suit the company for be negligent and, also as I work over sea, due to the inflation , I do loose money , as I get pay in births pound but I do have to exchange in RMB as I d live in China. When I moved in 2007 the exchange rate was 1 pound equal to 15rmb, over the years is been dropping to 9 rmb , i making a considerable difference to my salary ( once is been exchange it ) the exchange rate wasn't frozen at that rate and nothing is been done to make the ratio better . By law there is any way for me to claim this lost ?
Submitted: 8 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 8 months ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have you actually been paid the difference owed?
Customer:

yes they deposit the money into my account with out my consent, as, im was asking them to revise the difference becoause wasent calcolated in the rigth way, and beofre they took any action i should have been inform so that i can agree.

Customer:

on top of that they didnt calcolate my lost in exchange rate , only the deposit the difference in salary increase over the year. After such a long time and delay , frustation and loos , even they deposit a part of the lost cani take ligal action?

Ben Jones :

What do you think your total losses are - only include the loss due to the exchange rate?

Customer:

is about 50.000 pound including everything so far they only 8.000 pound wich is the sum they calculate for the miss pay increase at the exchange rate of 2010-11, im my calculation i didn't use that rate , i use the rate for each single year , so it work out a lost of 22630 pound ( this is only for the short pay) , so they still didn't replay to me regarding the difference of the exchange rate how they whant to sort this out , and if they will

Ben Jones :

You will not be able to claim for the difference in exchange rate unfortunately. You were paid in pounds and what you do afterwards with the money is not the employer's business - you may wish to keep it in that currency or exchange it but the employer will not be penalised for a variation of exchange rate because you had chosen to exchange it into a different currency. The only thing you can expect to recover in this situation is the money actually owed, plus interest - that is all.


 


You can approach them and try to negotiate with them over a potential settlement but if they refuse to cover the amount owed then you can potentially take them to the county court. However, you would need a UK address to issue the claim and will also have to pay fees to make the claim and take them to court. That is why I suggest you actually try to negotiate with them and only go to court as a last resort.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Customer:

Hi thank you for the answer will keep in mind your suggestion, and will get back to you if i need more information.

Customer:

Thanks again

Ben Jones, Solicitor
Satisfied Customers: 37577
Experience: Expert in UK Employment Law
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