You and the Law – 25th August 2009

Pay promise

A senior manager, who has now left the company, told me I was to get a pay rise effective from the first of last month.

When the rise didn’t show up in my pay packet, I had a meeting with another manager and the head of personnel, who denied all knowledge of the increase and said there was nothing in writing.

They have arranged a job evaluation with my line manager and say a salary review will follow this, but I am concerned that the pay award will not now materialise. SL

It’s important to get these things in writing.  Although what you were told by the manager was contractually binding, you now have the difficulty of proving that the conversation actually took place.

If a colleague (or other people) were present at the time and will back you up, you could take your case to an employment tribunal which could award you the increase. Use the firm’s grievance procedure to try to sort this out.

It will require delicate handling, but if you can provide evidence the chances are that you will get your pay award.

Heated exchange

I bought a new gas boiler last year. Within six weeks it broke down, and the firm quickly repaired it.

Three months later the same valve failed again and a different technician told me he couldn’t say how long the new one would last. What rights will I have when the warranty period has elapsed? PM

You should enter into correspondence with the suppliers immediately to sort this out.

You should probably have rejected the boiler as not of satisfactory quality when the problem valve failed a second time.

Be aware that after a period of time a consumer can lose their right to reject goods, as it will be deemed that by failing to actually return them the consumer has accepted the goods with the defects.

Generally speaking, consumers have six months to reject goods with a latent defect.

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