Paid on wrong pay scale for 9 months!!

Jen.90

Hiya guys, i am looking for a bit advise, I have recently recieved a letter from my employer stating that when i started my post back in July 1011 that i was put on the wrong pay scale and therefor have been getting paid a bit over £2 an hour more than i should have been, now they are wanting there money paid back, this will be a fair amount as on average i work about 30 - 35 hours a week, recieve weekend, late evening and public holidays worked wage enhancments.

I was unaware of this situation untill receiving the letter, on starting this job i recieved a contract stating what pay scale i would be on and as i was being paid accordingly i had no reason to question this, so basically they are saying that my contract is wrong?!?

I am working this afternoon and i know that my manager wants to talk to me about this, i have tried to make appointment to speak to someone at citizens advise but couldnt get to see anyone there untill after the long weekend, so really i dont want to just go in there and be told whatever without having some information about my rights, so anything that you guys could tell me would be really appreciated.

There are a few things that i am unsure about, such as where i stand on this with it being totally my employers fault, me knowing nothing atall and also about my contract being wrong to begin with??

What happens regarding the tax, national insurance, pension contriutions and my student loan repayments that i have paid in these months calculated on the higher pay now that they want this money back surely its not right that i should have paid out more for these deductions every month when at the end of the day they are stating that this money is not mine.

1 last thing, for tax year 2011/12 my earnings have just taken us above the threshold to be entitled to claim tax credits, but if i had been getting paid on the pay scale that i have been told i should have been then we would be entitled to these benifits, and since they will be taking money back from my wages would that not affect this??

thanks

Jen x:question::question:

Evilm

Your pay will be adjusted through the payroll system to take account of the overpaid tax and NI so you will get it back. Not sure whether it will be done as a refund or a tax code adjustment though since we are now in a new tax year.

As for tax credits I'm not sure but I'd ring the helpline and ask.

WoodyMax

If I were you I would speak to someone on the Acas helpline.
Acas website is https://www.acas.co.uk
Their helpline number is Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47 - they will give you correct advice. I would not agree to anything until you have spoken with them.
Just say you will take all the information they give you away and you will get back to them when you have taken some advice.

getmore4less

Did you not check and agree the pay rate BEFORE starting the job.

Jen.90

Thx guys, will check out that website in a min. That's a good idea, will tell manager will get back to them, dunno why didn't think o that haha will put it down to stress
Yeah wages were agreed but my manager stated me and 1 other who started at same time wld be on pay grade 6, contracts signed accordingly but now saying that she made a mistake.
X

System

OK just to clarify.

You were told pay grade 6.
Does your contract say this?
Have you been paid at grade 6?

If yes to the 2 questions above then they can not ask for the money back as you are paid your contracted rate. The fact that it is the wrong rate is a problem going forward only. They can ask you to sign a new contract with the lower pay rate.

However, be warned, as you have only been there 9 months then they can easily get rid of you.

getmore4less

The grade is irrelevent, its the actual rate of pay you agreed.

if you are getting paid per hour what you agreed then your response is I am getting paid what we agreed you cannot have any money back

You should not need to care what the grade for the job is.

If thye want to change your pay from now on then they need to consult.

Sambucus_Nigra

SO:
You were told you would get X
Your contract said you would get X
and
You got X

Hence there is no wrong pay scale, that's what you were told, what was agreed, what your contract says and that's what you are getting.

By this method - they could tell ALL their workforce 'sorry you have been on the wrong grade since the start, you now owe us a fortune, thanks ever so' and give the whole workforce a paycut, backdated to the start of their employ.

I'd be asking how exactly was it wrong when the ad said X, X was told to you when the job was offered, HR must have signed off X and payroll must have paid X - so X it indeed is.

patman99

Basically !!!!!! has hit the nail on the head.
They offered you and another a job at pay grade 6.
You accepted and signed the contract.
The manager has now realized she messed-up so is trying to cover her ar5e.

They offered, you accepted, you signed a legally binding contract. The only way out for them is to regrade your job, but the adjustment in pay would only take affect from the first day at the new grade, it is not back-datable.

I was offered a job (Agency placement) at one rate, then found I was on a much higher rate when I got my wage slip. Nothing has been said so far and I've been there over a year.

agrinnall

Of course, your problem will be that if you kick up a too much of fuss then your employer can simply sack you, and as of today you'll need to have completed 2 years before you get any protection from unfair dismissal.

Sambucus_Nigra

agrinnall wrote: »

Of course, your problem will be that if you kick up a too much of fuss then your employer can simply sack you, and as of today you'll need to have completed 2 years before you get any protection from unfair dismissal.

It's still 1 year for those that were employed as of yesterday - two years if you start the job today or in the future.