Wages paid to wrong account

davidgmmafan

Firstly this is the first time I've ventured to this area of the forum so please stop/re-direct me at any point.

The problem is fairly straight forward, my partner works for a supermarket which was taken over by another. Apart from the signage and the products everything has remained the same ie still under contract to same company, no new contracts etc etc.

However they have migrated the info from one billing system to another and, during the course of this, she wasn't paid as some genius mixed up two of the numbers in the sort code. Net result no wages for you money went into a Halifax Business account.

So far she has rang her work, manager not in till Sunday, so spoke to a supervisor. They rang the wages people and, after about an hour holding, didn't get much sense other than the wages were paid into the details they had.

The wages WERE paid in, but to the wrong account. They tried to blame my partner saying when you changed your bank details you must've given the wrong sort code. Which is all good and well but that the same account she's had for FIVE YEARS which is about the length of time she's worked there...

I'm really annoyed about this as nobody seems to give a stuff that they've messed it up. Here's an example, the supervisor (having got nowhere) gave her the no and advised that she call. The unhelpful staff said they can only deal with managers and not emplyees directly and as far as they can tell its been paid.

The manager is in Sunday and he may be able to a cash advance - this was my suggestion as I imagine as a bust convenience store they'll hold a fair bit of cash.

I'm really annoyed about this as I usually keep something back but had to service the car and pay some other things which was no problem as I knew the money would be in. Now its not in and we have NO timescale for when it will be there.

What would you advise?

I imagine legal remedys are no use as they will take ages. Its a clear mistake, its THIER fault. The only thing I could think of is getting her permission to discuss it and getting details for the area manager.

The system is a shambles - what if someone was on holiday? Or the manager was away for a fortnight? What then?

I'm going to complain once its sorted but I just want it sorted like yesterday. She's going on a hen night Sat and its her birthday Tuesday so it couldn't come at a worse time.

Any and all suggestions welcome. If this needs to go somewhere else happy for it to be moved

bendix

Nothing you can do, and I'm not sure what sort of advice you think you're going to get.#

Her employer has obviously messed up. She needs to talk to them and they, no doubt, will sort it out.

S**T happens unfortunately.

davidgmmafan

Yes but when, my own preference would be to be a pain in the behind to a steadily higher person until somebody pulls thier finger out and sorts it out. I see no reason why they can't do even a small cash advance to makes up for THIER !!!! up.

marcowil

Sorry bendix (and OP), but their response is simply not good enough. S**T might happen but why should the OP's partner be out of pocket?
Your partner needs to get back on to the wages department and insist that she is paid for the work she did. If THEY made the mistake then they should take the consequences not your OP (possible bank charges etc). Where I work if employees are not paid on time there would be a revolt and the company would issue cash if necessary i.e. if the mistake couldn't be rectified immediately

kingfisherblue

Why are you going to complain? Surely it should be your partner who does this?

marcowil, I agree that the OP's partner should not be out of pocket. If it is a supermarket, presumably there will be managers higher up than the one immediately above the OP's partner. maybe she should approach them.

davidgmmafan

Because so far nobody seems to give a stuff. I'd need her permission obviously to complain, there are other issues locally like a notice being put up saying if staff work extra hours (when asked) they won't be paid for this as it will be seen as voluntering to help out.

Plus the holiday situation is ridiculous, you basically fill in what you want and cross your fingers when the time comes to see if you've got it. Once we were abroad and they rang to say where are you, the manager had messed up. On several occiasions its been seen as a huge chore by the manager to give some paperwork to say holiday have been granted, or to advise if not.

Hence even when he is bck I'm nowhere near 100% he's the man for the job... Clearly this isn't his fault but his form is not great. The overtime thing I'm convinced is just something he has made up. It says in the handbook Managers don't get paid for overtime and staff can be paid or given the time back, but that's not what he's saying. He's saying thanks for helping us out, we're very greatful, but you eon't get the time back or be paid for it. This doesn't comply with minimum wage rules IMO.

So basically there's other stuff and now with this I'm getting more than a little peeved that a company I have no connection to keeps messing stuff up!

Duncombe

If your partner goes with a statement or some other document which clearly states her account no. and sort code, it will become fairly obvious that she has not been paid correctly. If a manager (or more senior staff member) can phone up with the document in hand they can discuss it with payrole.

It does seem unfortunate that no one is taking an interest in the mistake. However, it is just that - a problem that your wife will have to sort out. As you say, you have nothing to do with this company so it might be advisable to keep it that way?

corbyboy

Personally I would get my wife to call the payroll department, explain the situation and refuse to be fobbed off until they do a CHAPS payment for her full wages right now.

Don't be fobbed off with "we can only speak to managers" because it's nonsense.

SarEl

I can understand your frustration, but I am not certain that your intervention will be doing your Other Half any favours. It doesn't matter whether she gives you permission or not - you are not an employee representative nor a trades union rep, and they do not have to speak to you. At all. And what are you going to say? Because if you are not careful you could make things worse.

The issue with the "overtime" is very clear (although unless overtime does bring a wage below NMW then an employer does not have to pay overtime or give time off - it's myth that they do and many do not). If employees are volunteering to help out then it isn't overtime - it's volunteering, and nobody can be made to volunteer. So when asked to volunteer the answer is "Sorry, no, I am busy".

If the error was the employers and she incurs a quantifiable loss (such as bank charges) as a result of this error, then the employer should reimburse these. It is possible under contract law to sue for such losses as can be evidenced (that's a county court action, not a tribunal action), although obviously it would be better to try to resolve this amicably rather than run to legal action. It would be nice if I could say that all employers would be reasonable in such circumstances, but I can't - but most would try to put it right quickly and would offer, or agree, to reimburse such costs.

But for what it is worth, my advice would be to stick to the issue at hand and not drag in the kitchen sink. The manager may be poor (certainly sounds that way) but your Other Half does have to continue to work with him, and alienating him may not be the best strategy for her longer term employment. Best to resolve what needs to be and if the job is so poor, stick her head down and apply for a better job.

Googlewhacker

davidgmmafan wrote: »

Because so far nobody seems to give a stuff. I'd need her permission obviously to complain, there are other issues locally like a notice being put up saying if staff work extra hours (when asked) they won't be paid for this as it will be seen as voluntering to help out.

Sorry but permission or not you will make your OH look silly if you are the one jumping up and down in front of her bosses. And even with her permission the company could flatly refuse to deal with you

She needs to get the guts to ask what they will do.

davidgmmafan

So far they cannot answer that question. I don't intend jumping up and down, just trying to introduce a little commen sense. Its your error, your fault this person has no money. You have a shop full of money... Some kind of cash advance is a perfectly logical solution.

As regards the overtime generally the company (past and present) DOES pay overtime. Yet from time to time this !!!!! says this or puts a note up. I could be wrong but I have some difficulty believing if a manager comes to you and says we're really stuck can you work extra, it is then ok for them to say (afterwards as happened to one of her colleagues) by the way you won't be paid for it or given the time back.

Apart from anything else when I engaged in proper voluntary work for the CAB there was an agreement covering the volunteering. I don't see anything in the employee handbook saying this is ok. It says you must work overtime when needed blah blah blah (almost all employers say this, but never enforce it). It says you will be paid or given the time back. So even if its ok on minimum wage grounds its not permitted by the company.

Furthermore if you have an accident whilst engaged in this psuedo 'voluntary work' are you insured? If there's a fire will there be anyone who knows you were supposed to be there?

Returning to the matter at hand have managed to borrow a modest sum from relatives which will cover all eventualities. Still miffed that nobody seems to give a stuff, and there is seemingly no procedure to account for this or sort it out.

Thanks for views, I too would consider a small cash advance of a CHAPS payment is the way to go. If a company had inconvenienced a customer in this way I'd say £20 or so for a transfer would be a reasonable sum for them to resolve it.