So basically I am a chef on contract for 45 hours per week, at £x annual salary since January.
In April I received a payrise, but nothing was signed. I have whatsapp messages from the old head chef confirming how much I'd be on annually. This was verbally confirmed by the owner who OK'd the payrise.
However, payroll/accountants have been paying me incorrectly every month since then bar maybe 1.
It came to light in the last meeting with HR and owner that payroll thought I was on a zero hour contract/hourly pay, not annual, therefore only paid me for hours on rota.
Here's the thing though, my old head chef would put me on varying hours between 40-45 hours. A few weeks I also came in extra, as for example I was only on 40 hours, I would come in to help for a few hours.
Note: another senior chef told me had the same issue and got backpay over a long period (approx months to a year). He also told me it shouldnt matter if I do 40 or 45 hours I should be getting same pay every month.
I am taking unpaid leave in Dec for a period due to burnout and health reasons, management said they are looking into the issue, but I'm not certain they are willing to fix it.
If worse comes to worse what are my options? If they dont want to backpay me what can I do?
Thanks for reading.
Also: I asked for reduced hours except they refused due to old head chef being fired, so I shuffled my rota but still doing 45. There was a period with no head chef where I was doing a lot of heavy lifting. I'm also fucked from burnout due to doing my MA and working full time for past 2 years, but HR repeatedly asked me why I would'nt want to do evenings and weekends anymore, as if it wasn't obvious.
I also handed in my notice a few weeks ago, but the new head chef persuaded me to leave the door open. So in Jan 2024 I'd come and renegotiate a new contract, however I hear the owner wants to do this now/before I leave. I don't think I am willing to do this until this pay issue is sorted (hundreds of pounds per month).
Cheers chef