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backpay

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  • 21-02-2018 11:31pm
    #1
    Registered Users Posts: 7


    I had been underpayed since 2010 .only found out a few months ago. Employer has started to pay me right now. But they are saying that I am only entitled to 3 years back pay by law. Is this right
    Tagged:


Comments

  • Registered Users Posts: 1,104 ✭✭✭ryaner777


    I had been underpayed since 2010 .only found out a few months ago. Employer has started to pay me right now. But they are saying that I am only entitled to 3 years back pay by law. Is this right

    Send them an email saying thanks for fixing the back pay issue and can then give you the law/reason it's only bring paid for 3 years. Maybe say something like " I was discussing it with revenue when I was asking for my P21 balancing statement and the person in revenue never heard of this 3 year limit. Can you just clarify where it states there is a limit of 3 years so I can get back to revenue on this."

    They'll either include the relevant legislation in their response or say sorry we made an error and here's your full entitlement.

    Be courteous in the mail but without coming out and actually stating it, try let them know you think they're pulling a fast one.


  • Closed Accounts Posts: 849 ✭✭✭Tenigate


    I had been underpayed since 2010 .only found out a few months ago. Employer has started to pay me right now. But they are saying that I am only entitled to 3 years back pay by law. Is this right

    In Ireland the statute of limitations is 6 years.
    If it's an American company it would explain why they think it should be 3 years, or maybe they're just chancing their arm.


  • Registered Users Posts: 7 liverpool248


    Thanks for the information it's a English company


  • Registered Users Posts: 5,380 ✭✭✭STB.


    Thanks for the information it's a English company

    Regardless of the origin of the employer, they are subject to Irish employment law. In this case the Payment of Wages Act 1991.

    Paying the wrong amount stated in your contract is an unlawful deduction.

    If the shoe was on the other foot they would have 6 months to reclaim it. Quote the legislation to them nicely. They'll do the right thing.


  • Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Seek advice before you have them pay you.

    If you get it in one bulk sum as part of your normal pay, you could be bumped into a higher tax bracket, and lose a lot of the money to tax.


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  • Registered Users Posts: 7 liverpool248


    I have been told that I will not get any back pay now so it is then my unions hands now. Thanks for all the advice


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