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  • FIRST POST
    • hopefulmoneysaver94
    • By hopefulmoneysaver94 2nd Feb 18, 2:27 PM
    • 95Posts
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    hopefulmoneysaver94
    Resigntion- work is saying I owe them 300
    • #1
    • 2nd Feb 18, 2:27 PM
    Resigntion- work is saying I owe them 300 2nd Feb 18 at 2:27 PM
    I have been in employment with my company for just over 18 months. I started the job on a 0 hour contract, and as of March-October 2017 I was given a 20 hour contract, and now as of October, I am back on a 0 hour contract.

    I have quoted the letter that was sent to me from my employer;

    "The issue occurred when your contracted hours ended and you returned to your variable hour contract. As variable hours are paid the month after they are worked, this situation results in a low pay period which Is why we took the decision to issue you with a loan."


    She sent me another email suggesting that they take 80 a month from my pay to repay this. Something that i am not comfortable doing considering i only get around 20 hours a month on minimum wage.

    I was wondering if they've admitted their mistake (They've also admitted their mistake on over paying an Expenses payment too, and are saying that they're going to take an extra 45 off of me) if they can actually do that?

    Also, I am in the process of resigning from this employer. Would they still take the money when I am no longer working for them? (considering I will only get 400 for last months work)

    Any help is greatful!

    Hopefulmoneysaver
    Last edited by hopefulmoneysaver94; 02-02-2018 at 2:31 PM.
    1924 Sealed Pot Challenge 2013 Money at the moment-64.30

    ...Yes..That is a duck. Yes. I have 8 of them.

    Gold Stars from Sue
Page 1
    • elsien
    • By elsien 2nd Feb 18, 2:30 PM
    • 15,861 Posts
    • 40,043 Thanks
    elsien
    • #2
    • 2nd Feb 18, 2:30 PM
    • #2
    • 2nd Feb 18, 2:30 PM
    I'm not entirely sure what the question is, but are you disputing that you've been overpaid?
    Or do you acknowledge the overpayment but feel you shouldn't have to pay it back?

    Even if they've made a mistake in the payments they are still entitled to rectify the situation. If it was the other way round and you'd been underpaid, you wouldn't be saying "they've made a mistake so leave it as it is" would you?
    Last edited by elsien; 02-02-2018 at 2:33 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • hopefulmoneysaver94
    • By hopefulmoneysaver94 2nd Feb 18, 2:38 PM
    • 95 Posts
    • 925 Thanks
    hopefulmoneysaver94
    • #3
    • 2nd Feb 18, 2:38 PM
    • #3
    • 2nd Feb 18, 2:38 PM
    Sorry, i'm very confused over the situation so putting it forward in writing, i find very hard.

    They are saying that they will take the "loan" repayments at 80 a month starting from this month. I am leaving the company this month.

    Will they take it all out of my last payment from them or can they still take the repayment plan?
    1924 Sealed Pot Challenge 2013 Money at the moment-64.30

    ...Yes..That is a duck. Yes. I have 8 of them.

    Gold Stars from Sue
    • Diamandis
    • By Diamandis 2nd Feb 18, 3:07 PM
    • 208 Posts
    • 308 Thanks
    Diamandis
    • #4
    • 2nd Feb 18, 3:07 PM
    • #4
    • 2nd Feb 18, 3:07 PM
    They can take back whst has been overpaid but you would really need to discuss with them whether they will allow you to pay it over a few months if you're leaving.
    • seatbeltnoob
    • By seatbeltnoob 3rd Feb 18, 9:51 PM
    • 348 Posts
    • 80 Thanks
    seatbeltnoob
    • #5
    • 3rd Feb 18, 9:51 PM
    • #5
    • 3rd Feb 18, 9:51 PM
    I hope you kept a diary of hours worked and how much you were paid.

    Regardless of the contract you get paid by the hour. So it doesn't make sense why they'd need to underpay you and supplement it with a loan.
    • Red-Squirrel
    • By Red-Squirrel 3rd Feb 18, 11:38 PM
    • 2,342 Posts
    • 6,464 Thanks
    Red-Squirrel
    • #6
    • 3rd Feb 18, 11:38 PM
    • #6
    • 3rd Feb 18, 11:38 PM
    I hope you kept a diary of hours worked and how much you were paid.

    Regardless of the contract you get paid by the hour. So it doesn't make sense why they'd need to underpay you and supplement it with a loan.
    Originally posted by seatbeltnoob
    It sounds like salaried hours are paid in the month they are worked, while variable hours are paid the following month. This isn't unusual, my employers do something similar.

    However, if you swapped from a salaried role to one that was purely variable hours on say, January 31st, you would get your usual salary on January payday, then nothing at all in February, and your wages for the variable hours you worked in February would be paid on the March payday.

    I presume the employer offers a loan to cover the 'missing' month and then expects it to be paid back in installments. Is that right OP? If so did you not realise you were getting a loan? Were you asked?
    • seatbeltnoob
    • By seatbeltnoob 6th Feb 18, 12:51 PM
    • 348 Posts
    • 80 Thanks
    seatbeltnoob
    • #7
    • 6th Feb 18, 12:51 PM
    • #7
    • 6th Feb 18, 12:51 PM
    I presumed a salaried was someone who works full time and would work a normal 7/8 hour a day work pattern and would sometimes need to work longer in order to get work done without overtime. Such as teachers who get no overtime and need to fulfil their roles whatever hours they work.

    Someone with a hourly contract, whether it's 0 hours or 20 hours would be paid hourly. So the pay will not be fixed per month but vary depending on the hours they've worked. So they would have to be paid on accural basis, regardless.
    • Comms69
    • By Comms69 6th Feb 18, 1:24 PM
    • 2,405 Posts
    • 2,282 Thanks
    Comms69
    • #8
    • 6th Feb 18, 1:24 PM
    • #8
    • 6th Feb 18, 1:24 PM
    I presumed a salaried was someone who works full time and would work a normal 7/8 hour a day work pattern and would sometimes need to work longer in order to get work done without overtime. Such as teachers who get no overtime and need to fulfil their roles whatever hours they work.

    Someone with a hourly contract, whether it's 0 hours or 20 hours would be paid hourly. So the pay will not be fixed per month but vary depending on the hours they've worked. So they would have to be paid on accural basis, regardless.
    Originally posted by seatbeltnoob
    Salaried doesn't mean 9-5, nor fulltime. Nurses are salaried, police are, etc. - some are pro rata'd too for working off days.
    • sangie595
    • By sangie595 7th Feb 18, 10:17 AM
    • 4,552 Posts
    • 7,610 Thanks
    sangie595
    • #9
    • 7th Feb 18, 10:17 AM
    • #9
    • 7th Feb 18, 10:17 AM
    I presumed a salaried was someone who works full time and would work a normal 7/8 hour a day work pattern and would sometimes need to work longer in order to get work done without overtime. Such as teachers who get no overtime and need to fulfil their roles whatever hours they work.

    Someone with a hourly contract, whether it's 0 hours or 20 hours would be paid hourly. So the pay will not be fixed per month but vary depending on the hours they've worked. So they would have to be paid on accural basis, regardless.
    Originally posted by seatbeltnoob
    Your have presumed incorrectly. Some salaried staff are able to claim overtime, others are not. If someone has an hourly contract, if that says they have 20 hours, then the employer is obliged to pay them 20 hours even if they work less. Your interpretation of what hourly paid means is also interesting, but not correct. Hourly contracts are fixed amounts too. Variable hour contracts or zero hour contracts are not.

    In the UK, the distinction between salaried and hourly paid is almost non-existent now, and more often than not relates to a mythology around terms of employment which UK law did away with many years ago.

    Your definition is more in line with US law, such as it is, and not applicable here
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