Salary only 60%!

cymrulady

Please advise. My husband and I work part time for a local authority. Because of a pay roll clerical error, a number of part time staff were not paid for March. When I discovered this, I asked for immediate payment. Payroll was most reluctant to help. Finally, a few days later, two payments were made - both of which were far less than the expected amounts.

I was told that we would not get payslips (surely illegal under section 8 of the Employment Rights Act) but that the payments would be referred to as an 'advance' in the April pay slip.

The upshot is that I have written to the head of Payroll twice, having spoken on the phone. Was not told that payments had been partial (although I did wonder on seeing the figures paid into our account - but in the absence of any info re hours paid for was unable to substantiate this - until now). Have not received replies to my letters. On the telephone, head of pay roll was clearly uninterested.

Only now - nearly two and a half weeks after normal pay day - have we received letters (standard rather than personal) stating:

"...emergency payments are processed at 60% of the gross pay to take into account and (sic) pension contributions and statutory deductions for PAYE and National Insurance. Any amounts that are remaining due to personal circumstances e.g. tax allowances will be included within the April payroll."

The letter goes on to state that no March payslip will be produced. (Contrary to what the head of pay roll promised on the phone) Instead our April payslip "will include details of the March hours plus the emergency payment. Please be assured that this is in accordance with HMRC (Inland Revenue) legislation.

We feel sure that our employer has acted illegally. Can anyone advise?
1. No pay slip for March.
2. Partial payment only - not agreed/not forewarned
3. Implications for new tax year month 1?
4. Can this 'emergency payment' really be regarded as an 'advance'. A misnomer?

We belong to a union but there are we believe very few part time staff in this union. Have rung ACAS who confirm employer's illegal actions but now what do we do? Our direct debits inc mortgage come out shortly after pay day. Now we are scuppered.

Many thanks for your help!

paddedjohn

Have you incurred any additional charges due to being paid late?
Is the pay you recieved 60% of your gross or your net?

Savvy_Sue

Surely it doesn't matter how few of you part-time staff are in the union: anyone who is can ask them for help?

However, I am not sure that the employer is acting illegally. It may be technically correct to do what they have done. Not necessarily helpful, but technically correct.

To have done the 'right' calculations for March and issue payslips, they would probably have had to re-run the entire payroll for all staff. They may have worked out that it's cheaper to bear the costs of reimbursing staff who go overdrawn.

You may be worse off as a result, however, because NI rates rose this month.

Get the union onto it, to ensure you are adequately compensated for the problems this is going to cause.

chrisbur

With regard to tax, if earnings high enough to pay it, did you get a tax refund for March when no pay was given? If not then your tax for last year was to high and you will need to claim a refund when you get your P60.

With regard to NI if only one month's allowance is given in April you will certainly be out of pocket so might like to pursue this with your employer if it happens.