Employer only paid me £400 for the month - what do I do?!?

Zazen999

Or....you were being paid 2 weeks in hand, so half each month's wages was for the coming 2 weeks and half was for the last 2 weeks.....or as is stated, just so that they can simply properly calculate the amount owing, at a later date.

soolin

Zazen999 wrote: »

Or....you were being paid 2 weeks in hand, so half each month's wages was for the coming 2 weeks and half was for the last 2 weeks.....or as is stated, just so that they can simply properly calculate the amount owing, at a later date.

I would think this is the logical explanation. Many employers pay two weeks in arrears and two weeks in advance, so leaving without notice would mean a loss of half the salary, less any days sick etc that don't require payment. It is unusual (although not of course impossible) to be paid fully in arrears.

Until you get a proper wage slip from the employer it is difficult to comment further.

andrewnottingham

I doubt very much that your former employer would have acted illegaly in making a deduction as they are aware that you would notice the deduction and would take action to retrieve what is owed to you. No company wants the publicity of a court claim from a former employee.

I believe that you were aware of the deduction clause and attempted to out wit your employer by resigning via email once your pay had been transferred to your account. Unluckily for you it backfired and now you are left struggling with £400 this month.

Well done to your former employer I say! :T

soolin

andrewnottingham wrote: »

I doubt very much that your former employer would have acted illegaly in making a deduction as they are aware that you would notice the deduction and would take action to retrieve what is owed to you. No company wants the publicity of a court claim from a former employee.

I believe that you were aware of the deduction clause and attempted to out wit your employer by resigning via email once your pay had been transferred to your account. Unluckily for you it backfired and now you are left struggling with £400 this month.

Well done to your former employer I say! :T

A bit harsh surely?

You would be surprised at how many people don't realise that part of their salary is paid in advance, so if they don't work the hours they are not entitled to pay.

Uncertain

andrewnottingham wrote: »

I doubt very much that your former employer would have acted illegaly in making a deduction as they are aware that you would notice the deduction and would take action to retrieve what is owed to you. No company wants the publicity of a court claim from a former employee.

I believe that you were aware of the deduction clause and attempted to out wit your employer by resigning via email once your pay had been transferred to your account. Unluckily for you it backfired and now you are left struggling with £400 this month.

Well done to your former employer I say! :T

Interesting first ever post - you are not the employer or a friend of the employer by any chance?

To the OP.....

The more I think about it the more I would be tempted to investigate the legalities of making a payment then calling it back. You might post a question on the Bank Accounts board as a considerable number of bank staff post there.

Ultimately this doesn't affect the rights and wrongs of who owes who what. However both you and the employer seem very keen to be in possession of the money, feeling this gives a position of strength in any arguments - which to some extent it does.

I don't know the reasons why you felt obliged to leave without notice but, given that you did, all out attack may now be the best line of defence. If you can provoke an argument between the employer and their bank this will deflect their attention!

Chinkle

I can think of a number of reasons why the deductions were made:

- Its recouping training cost as you have mentioned
- You took holiday over and above what you were entitled to thus far
- They pay some of your wages in advance and therefore clawing back for days not worked

You need to phone the wages department to clarify what has happened. Also, are you sure you haven't breached your contract in terms of notice period. You can't usually just phone up and quit a job and not turn up again.

MDE

Uncertain wrote: »

The more I think about it the more I would be tempted to investigate the legalities of making a payment then calling it back. You might post a question on the Bank Accounts board as a considerable number of bank staff post there.

Of course the payer can call a payment back- this facility has to be in place in case errors etc are noticed after payroll has been run. There are no "legalities" to be investigated here.

Uncertain

MDE wrote: »

Of course the payer can call a payment back- this facility has to be in place in case errors etc are noticed after payroll has been run. There are no "legalities" to be investigated here.

No, you are misunderstanding me......

Of course they have a right to recover an accidental overpayment. Ultimately they could sue the recipient if he refuses to pay it back.

My point is whether or not the banking regulations allow the amount to be debited from his account once it has been credited. At what point is it truly cleared funds? Would the bank have allowed him to withdraw the money at that point or would doing so have taken him overdrawn?

Just because it is "payroll" doesn't give them any more rights (or any less) than if I make a bank transfer to you.

bengalknights

its only cleared funds for 3 day bacs when the payment is in your account a company can recall funds upto 48 hours after sending it fir no reason unless its faster payment in which case they cant.Its the same for a normal account if you send a standard 3 day bacs payment you can actually recall it within 48 hours.

Unfortunatly here the op played a game of bluff and didnt win as they played there hand too quickly instead of waiting for the amount to clear.

soolin

Uncertain wrote: »

No, you are misunderstanding me......

Of course they have a right to recover an accidental overpayment. Ultimately they could sue the recipient if he refuses to pay it back.

My point is whether or not the banking regulations allow the amount to be debited from his account once it has been credited. At what point is it truly cleared funds? Would the bank have allowed him to withdraw the money at that point or would doing so have taken him overdrawn?

Just because it is "payroll" doesn't give them any more rights (or any less) than if I make a bank transfer to you.

I read the OP to mean that there was a payment due to go in of X but a smaller amount of X actually went in. All perfectly legal as nothing was removed from employees account, he just didn't get the amount he was expecting:

I had phoned my bank just before sending the email to check what credits were due to go in, which included my pay for the month of around £1025.