hubbys ex employer claims he owes money to them

ktothema

jenni1022 wrote: »

the problem we have is that his 1st contract says pay in arrears and this company took over the old company and staff, he never had a new contract as it was tupe accross? the lady on the phone is saying they changed that to advance
im lost

At some point then your hubbie should have received a double pay cheque. Definitely check the bank statements.

jenni1022

sorry he didnt get a payment in june my mistake it would be due today my apologies

bargainbetty

Write back to the HR dept, copying in his previous line manager.

Request the following:

1. A full set of pay slips for the financial year this relates to.
2. A full breakdown of the holiday dates accrued and used during the same
3. A copy of the contract of employment clause stating that employees are paid in advance (plus a full copy of his employment contract for good measure)
4. A full financial breakdown of the sum they claim he owes them, showing how each aspect has been calculated.

Advise them that until this information is provided and adequate time has been allowed for its review, you consider the matter to be in dispute. Under that circumstance, and until the full details have been reviewed for accuracy, any attempt by them to collect the sums concerned will be considered harassment and treated as such using all methods applicable in law.

Note that you revoke their right to visit your home without prior appointment, nro do you consent to them sending any representative, including a debt collector from a third party company. Any such visitor will be reported to the police for harassment and trespass. (DCAs have less rights on your doorstept than the postman.).

All that said, if he left on 25th May, he would have been paid in May for May's work. Advance and arrears are vague terms. I work from June 1 to 30th, but am paid on the 23rd - technically, this counts as arrears, despite me being 'in credit' for a week. it is very unlikely that you will receive anything in July. Think about it, when he started work, did he wait 8 weeks for his salary?

It is possible that they overpaid him for holiday time or days unworked. There is a chance he does owe them some money. This is why is is important to obtain a full breakdown of the holiday time etc.

Since it was their error, they will find it difficult to obtain a court judgement against him if he offers a reasonable repayment plan. He can pay whatever it is over three months - send them a cheque for each payment etc, and as long as he can show he is making reasonable efforts to reimburse them for their own mistake, they will grumble and shout, but there is b*gger all else they can do.

Good luck

Edit: Stop talking to them on the phone. Do everything in writing, and make them do the same. It sounds like someone there can't be bothered to go through the records, and it's easier to claim you didn't say something on the phone than deny what you have to put in writing!

jenni1022

bap98189 wrote: »

I'm slightly confused. Are you saying that he left on 25th May, received his pay on 27th May and then received another payment on 25th June. If so then first of all he is paid monthly in arrears, but this is pretty much irrelevant.

Your post isn't clear, but it sounds to me like he was paid for the period 25th May - 11th June, which is after he left the company. If so then he does have to pay the money back because it was a mistake and he was no longer working there.

ive corrected the original post apologies, im not thinking straight he hasnt had any pay in june

jenni1022

thanks for all your posts im going to email them myself on his behalf today as he would just bury his head and ignore it until it goes away, also the advice from a colleague

jenni1022

bargainbetty wrote: »

Write back to the HR dept, copying in his previous line manager.

Request the following:

1. A full set of pay slips for the financial year this relates to.
2. A full breakdown of the holiday dates accrued and used during the same
3. A copy of the contract of employment clause stating that employees are paid in advance (plus a full copy of his employment contract for good measure)
4. A full financial breakdown of the sum they claim he owes them, showing how each aspect has been calculated.

Advise them that until this information is provided and adequate time has been allowed for its review, you consider the matter to be in dispute. Under that circumstance, and until the full details have been reviewed for accuracy, any attempt by them to collect the sums concerned will be considered harassment and treated as such using all methods applicable in law.

Note that you revoke their right to visit your home without prior appointment, nro do you consent to them sending any representative, including a debt collector from a third party company. Any such visitor will be reported to the police for harassment and trespass. (DCAs have less rights on your doorstept than the postman.).

All that said, if he left on 25th May, he would have been paid in May for May's work. Advance and arrears are vague terms. I work from June 1 to 30th, but am paid on the 23rd - technically, this counts as arrears, despite me being 'in credit' for a week. it is very unlikely that you will receive anything in July. Think about it, when he started work, did he wait 8 weeks for his salary?

It is possible that they overpaid him for holiday time or days unworked. There is a chance he does owe them some money. This is why is is important to obtain a full breakdown of the holiday time etc.

Since it was their error, they will find it difficult to obtain a court judgement against him if he offers a reasonable repayment plan. He can pay whatever it is over three months - send them a cheque for each payment etc, and as long as he can show he is making reasonable efforts to reimburse them for their own mistake, they will grumble and shout, but there is b*gger all else they can do.

Good luck

Edit: Stop talking to them on the phone. Do everything in writing, and make them do the same. It sounds like someone there can't be bothered to go through the records, and it's easier to claim you didn't say something on the phone than deny what you have to put in writing!

thank you i shall take your advice, to me what they are claiming doesnt make sense at all, they are saying that he gets paid a month in advance? not just a week or a few days. he has worked there for 10 years, worked 7 days a week most weeks and stayed on late without booking the hours, doubling back on shifts then this!

we could do without this as my son is currently non weight bearing - brittle bones - and we need a wheelchair accesible car which needs a £3700 deposit,
we dont get any help other than dla as it is means tested and i dont work because of my sons condition so every penny matters. I feel like strangling him for being so laid back with his wages, money etc lol

DVardysShadow

vax2002 wrote: »

Ask them to issue a final payslip and tell him to tell them no further correspondence will be entered in to until a printed payslip has been dished up

The above is correct. If they proceed with door step collectors without producing this info after you have requested it, they are entering into the realms of ahrassment.

jenni1022 wrote: »

the problem we have is that his 1st contract says pay in arrears and this company took over the old company and staff, he never had a new contract as it was tupe accross? the lady on the phone is saying they changed that to advance
im lost

Well, if they did change form arrears to advance, then they must have paid him a months basic when they made this change. This 'lady' is a first, because ladies don't talk out of their backsides.

You need to challenge their 'lady', by repeating her advice in a letter and asking when the adjustment payment was made to change from arrears to advance. Keep copies of all correspondence.

Wellery82

Personally i'd ignore it, i can't see many companies chasing up over that amount of cash and giving themselves all the trouble that comes with it

Fiddlestick

Jimavfc82 wrote: »

Personally i'd ignore it, i can't see many companies chasing up over that amount of cash and giving themselves all the trouble that comes with it

I wouldn't, although I do consider obtaining a favourable reference from an ex-employer to be a Good Thing.

jenni1022

emailed them, sit and wait now thank you to all who replied