Employer Refusing to pay arrears

Tatts

Morning!

My employer's payroll dept made a mistake with my wages, to the sum of £190 (net).

I want it paying ASAP, it's an expensive time of year, but I should not have to justify why I want MY money anyway, I've earned it!

Anyway, 'they' said it'll be paid in the next pay-day, but thats too late.

Is this legal? Can they do this?

Welcome any comments/thoughts.

Thank you.

irishjohn

You should contact HR or a senior manager who is not connected to payroll. Clamly explain what has happened and explain that failure to pay now will cause hardship and that you need the payment to be made. If they say nothing can be done then initiate a formal grievance procedure against the payroll manager.

Willsnarf1983

its common practice to amend mistakes in the next paypacket, whether this is legal or not I do not know.

calmly explain to Payroll that you will face hardship without this money and maybe ask for a loan from Petty cash which will be repaid upon your £190 been paid in your next wages.

Will

Willsnarf1983

irishjohn wrote: »

You should contact HR or a senior manager who is not connected to payroll. Clamly explain what has happened and explain that failure to pay now will cause hardship and that you need the payment to be made. If they say nothing can be done then initiate a formal grievance procedure against the payroll manager.

Could you show me a link proving the above for my interest please.

thanks

Will

Lavendyr

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_175878
"What to do if you haven't been paid in full

If you didn’t receive your full pay you should check your payslip and contract of employment to see if they explain why.

If there does not seem to be a reason why your employer has not followed the rules for making deductions from your pay, speak to your employer. See if you can sort out the problem informally. If you have an employee representative or you are a member of a trade union you could ask for their help.

If this doesn't work, you have the right to go to an Employment Tribunal to get your money. By making a breach of contract claim you can also try to reclaim any money you have lost (eg bank charges) by not receiving the money on time."

BexInLondon

Willsnarf1983 wrote: »

Could you show me a link proving the above for my interest please.

thanks

Will

Er.... I don't really see what you want him to prove. He gave an opinion of what should be done by the OP, not an assertion as to what the law says in this case.

PinkMascara

ask for a cheque, it stops them using the "we can only initiate pay on a certain day" excuse

dmg24

BexInLondon wrote: »

Er.... I don't really see what you want him to prove. He gave an opinion of what should be done by the OP, not an assertion as to what the law says in this case.

irishjohn stated 'No they cannot do it'. That would appear to be a statement of fact as opposed to a personal opinion! :rolleyes:

Willsnarf1983

BexInLondon wrote: »

Er.... I don't really see what you want him to prove. He gave an opinion of what should be done by the OP, not an assertion as to what the law says in this case.

As DMG said, Irishjohn made an assertion in the title thread, I suggest you look before jumping on my back. I was just wondering if there was anything to say the employer HAS to pay you immediatley or whether the next payday is deemed satisfactory!

As for Lavendyr and what they put you wouldn't take your employee to an ET because they were gonna pay you £190 a month later, by the time you take them to an ET it will be to late, the only benefit would be if they refsed to pay your bank charges etc

Will

mountainofdebt

Whilst I can see the OP's point of view, in fairness to the employer if they have underpaid the OP by £190 then they would need to take into account the NI and tax that would be due on this amount.

I think the most equitable answer would be for the company to advance the OP an amount of say £150 which would then be deducted from next month's post deduction salary amount

Lavendyr

Willsnarf1983 wrote: »

As for Lavendyr and what they put you wouldn't take your employee to an ET because they were gonna pay you £190 a month later, by the time you take them to an ET it will be to late, the only benefit would be if they refsed to pay your bank charges etc

Will

I didn't express an opinion, I just posted up the link to the Direct.gov website as the OP requested some 'proof' of what he/she could do.

I agree that you wouldn't actually do that, but it might help the OP in understanding what the law says.