incorrect D.O.B. on P60

glider3560

Does she have a contract of employment? What pay was advertised (if the job was advertised)?

no-oneknowsme

noh wrote: »

You did not explain she is 17 in your first post but it is irrelevant

Of course you can speak on her behalf if her consent has been given but she might as well tell them of the error herself while she is on the phone giving them her consent to speak with you.

The lady in head office already HAS my Daughters consent to speak to me about any matters relating to her employment.

My Daughter is always very busy and never really has time to call head office during office hours.

She attends education , has work placement 3 days per week 8am-5pm and works 2 nights per week 6-12pm . She also works Saturday and Sunday , 8 hr shifts on each day .

I dont call head office for her because she is "incapable" due to age etc , just that she doesnt get much time to do it herself

When my Daughter first started with the company she was a month off 17 years old and they had put her on a BR tax code. My Daughter called them up and asked them to speak to me to try to sort the matter out and whilst she was on the phone she told the lady that in future she may ask me to deal with any matters and that it was ok to discuss things with me.

Hopefully once we speak to head office again this matter will be easily corrected .

no-oneknowsme

glider3560 wrote: »

Does she have a contract of employment? What pay was advertised (if the job was advertised)?

She doesnt have a (written) contract of employment however I understand that the fact she turns up and does her job is a "contract".

There was no rate of pay advertised when she applied for the job. She simply picked an application form up in one of the branches whilst she was in , filled the form in , was called for an interview during which her duties were expalined to her and she was asked about what size of uniform she would need if she got the job etc. She wasnt even told at this point in time WHAT branch she would be working in , just that it would be one out of the 5 local branches.

The next week she got a phone call from the Manager of the store she would work at telling her that she had got the job but that he didnt have any further details at this point and that he would call her back to come in for some "training shifts".

Another 2 weeks passed and again the Manager called telling her to come in .

The Manager simply told her that she would be paid a week in arrears , in cash on a Wednesday.

The following week she received a wage packet and just assumed that it was correct.

She has never received an employee handbook , terms and conditions of employment or a written contract.

To be honest I have morals and have taught my Daughter the same BUT feel that given the situation it would be unfair to expect her to pay back the money she has been overpaid given that the company made the mistake and my Daughter had no way of knowing that she was being overpaid.

My Daughter sent a text message to another girl who works in the same place who is the same age and this girl has just informed us that she receives £4.35 per hour so I guess the company pays more than the minimum rate which means that my Daughter has been getting overpaid by 60p per hour since September 1st 2010

easy

If your daughter is on a work placement, presumably this is for a fixed term? As D O B isn't an issue from a tax point of view, and she isn't likely to be with the company for a number if years, in your/your daughter's shoes, I would be tempted to just let this error stand. It is the company's error, and to be honest would probably cost them more in admin to put it right.

If at any time they do realise your daughter has been overpaid, they can't ask her to hand money back, but they could reduce her future pay over a number of weeks until the overpayment has been accounted for (altho as it is THEIR mistake, I think they should just swallow the difference - assuming it isn't thousands).

no-oneknowsme

easy wrote: »

If your daughter is on a work placement, presumably this is for a fixed term? As D O B isn't an issue from a tax point of view, and she isn't likely to be with the company for a number if years, in your/your daughter's shoes, I would be tempted to just let this error stand. It is the company's error, and to be honest would probably cost them more in admin to put it right.

If at any time they do realise your daughter has been overpaid, they can't ask her to hand money back, but they could reduce her future pay over a number of weeks until the overpayment has been accounted for (altho as it is THEIR mistake, I think they should just swallow the difference - assuming it isn't thousands).

My Dughters work placement is linked to her full time education . It is NOTHING to do with this part time evening and weekend job which the P60 matter has arisen in.

glider3560

If pay has never been discussed, it would be very hard for them to argue that she should repay any overpayment.

no-oneknowsme

glider3560 wrote: »

If pay has never been discussed, it would be very hard for them to argue that she should repay any overpayment.

Thanks .See this is also how I see things.

To be honest , Daughter loves her job so if it is going to cause problems I would rather she do the right thing and repay any monies owed but I find it hard to justify a person having to pay back quite a substantial amount (well its subsantial to her) for something that was no fault of theirs.

Now dont get me wrong, if she had known that she was being paid too much and chose not to reveal it to her employer then I personally would make sure she repaid it but this was genuine.

I guess until she contacts head office theres not much more we can do .

Thanks to everyone who has taken time to respond.

easy

no-oneknowsme wrote: »

My Dughters work placement is linked to her full time education . It is NOTHING to do with this part time evening and weekend job which the P60 matter has arisen in.

Ah sorry, my misunderstanding. The rest of my post stands tho.

no-oneknowsme

easy wrote: »

Ah sorry, my misunderstanding. The rest of my post stands tho.

Its ok , I didnt really explain things about the work placemant in enough detail.

With all due respect though (and forgive me if im misinterpreting what you mean in your post) I have to say that I couldnt allow my Daughter to do as (I think) you are implying.

Your post makes me think that you are saying that if you were in this position you would say nothing to your employer about the incorrect DOB on the P60?

You imply that as my Daughter may not be in this job for that long , we should say nothing about the incorrect info until such time as it is discovered by the employer and mentioned to us?

You see , I have tried to bring all of my Children up to know what is right and what is wrong and that just wouldnt sit right with me!

Now that I know her employer has the incorrect age details for my Daughter theres just no way that I could allow her to receive the incorrect rate of pay. Thats completely different than her receiving it through no fault of her own.

That wouldnt give out a very good example of doing the right thing to my Daughter!

At this point in time we are in no way responsible for the mistake which has been made. The employer can in no way blame my Daughter for the mistake as we have retained a copy of her original job application and the correct date of birth is on it.

However...now that we have been provided with a P60 with the incorrect DOB on it the employer could (in the future if we kept quiet about it now) correctly say that we were aware of the mistake and chose to do nothing about it . In which case they would have every right to request that the amount over paid be paid back

I just wouldnt want that for my Daughter. In this case honesty is the best way forward.

jimmo

Well said.
It would be nice to think that if the employer has been overpaying your daughter and it is their mistake they would let her keep the money overpaid and do no more than pay the correct amount in the future.
That would be the morally correct thing to do. However I believe they have the legal right to seek to recover the money from her.
Do you recall the story about 2 weeks ago about ASDA selling petrol at12.99 pence per litre instead of £1.29.9?
ASDA apparently didn't try to recover their losses but the "legal eagles" on the forum claimed they couldn't because the buyers actually bought at the advertised price.
https://forums.moneysavingexpert.com/discussion/3147826
Contrast that with a cash machine that gives you £200 when you only asked for £20. Would the banking system let you keep the £180? I don't think so.