Are they entitled to reimburse me

scoutfinch

Right, here goes.... Due to some human "error" a member of staff never entered my return to work date from the sick. This has resulted in being paid half pay made up with SSP for the last two months until the end date was finally entered after much badgering. I was underpaid each time by roughly £200-300. Each month my bills etc have been debited from my account as normal and i have incurred two charges over the last two months, one of £165 and this month £215 as i was unable to bring myself into credit for obvious reasons.

My question is am i within my rights to ask my employer to reimburse me for the charges incurred? I have been in touch with payroll who have said they are in touch with my manager to see if it can come out of there budget, leaving me confused.

Any help would be greatly appreciated

Googlewhacker

Hi

I am pretty sure that if you incur bank charges due to your employers error that you have every right to expect the company to pay for the charges.

BTW entitled is not the right word.

scoutfinch

Thanks for that, i wasnt sure whether i was within my rights to even expect it

Googlewhacker

Saying that I cannot find any legal requirement for the employer to reimburse but most decent companies would

WhiteHorse

Their error, your expense, their liability.

They'll probably try and wriggle out of it, but the threat of a small claims action should focus their minds (won't do your promotion prospects any good though).

The best approach would be through your union/staff association if you are a member.

scoutfinch

Thanks for that, i wasnt sure whether i was within my rights to even expect it

Googlewhacker

WhiteHorse wrote: »

Their error, your expense, their liability.

They'll probably try and wriggle out of it, but the threat of a small claims action should focus their minds (won't do your promotion prospects any good though).

The best approach would be through your union/staff association if you are a member.

Anything to back this up?

scoutfinch

WhiteHorse wrote: »

Their error, your expense, their liability.

They'll probably try and wriggle out of it, but the threat of a small claims action should focus their minds (won't do your promotion prospects any good though).

The best approach would be through your union/staff association if you are a member.

Thanks, have been in touch with the union so they are aware. Im just hoping i get an answer from whovever at work on Monday. Fingers crossed they see it as their mistake

WhiteHorse

Googlewhacker wrote: »

Anything to back this up?

Civil law.

Googlewhacker

WhiteHorse wrote: »

Civil law.

Yeah cheers for this, I meant a link or anything for me to read.

SarEl

Googlewhacker wrote: »

Yeah cheers for this, I meant a link or anything for me to read.

Can't help you with a link - again, not my area of law But I am quite certain this is correct. Not that it really helps much. If you incur a cost as a result of a mistake by someone else (like an employer) you are entitled to sue them for liability.

Civil courts are slightly faster than tribunals (especially just now) so you should get your hearing before the tribunal for your alleged unfair dismissal, which obviously had nothing to do with your suing your employer for liability