Local Council Pay query-please help

megc_2

I've been working for a local council since 31.1.11 and have still not received a contract- whenever I ask for one (frequently!) I get told that since the Pay & Grading review, which took place just before I joined the council, they have got behind with the issue of contracts. This means that I have to rely on asking the HR or payroll sections for information but I seem to get difreent oinfo every time depending on who I speak to, how much they can be bothered to advise etc. That's sort of why this situation has come about.

I'm a social worker in a children's team and am burned out- I've been off sick due to a disability (that Occupational Health were aware of prior to my employment), since May 29th. I had 6 weeks off in Jan/ Feb too for the same reason.

As I've not yet got a contract, I spoke to a member of the payroll section around the 13th July to ask about occupational sick pay and when I would go onto half pay etc. They did not know I was actually off sick, as my manager had not filled in the necessary paperwork to notify them. Therefore I was paid full pay for July in error as it was too late to adjust it correctly. I was told by that staff member that my full pay ran out on 27th June and half pay would run out on 27th August. They told me that my August salary would therefore be adjusted to correct the overpayment in July, but were unable to tell me what this would mean in practical terms for my salary ie. how much I would actually be paid in August.

I then received a letter telling me that my entitlement to half pay ran out on 1st August and therefore I had been overpaid in July (which I knew) and would receive no money at all in August as they would recoup my SSP too to make up the refund.

My question is this: as it was not my fault that I had been overpaid, but rather that of my manager who had not completed the paperwork to notify HR/ payroll of my absence or passed on my fit notes, can they do this and recoup the entire overpayment in 1 month leaving me without any income to pay my rent and bills and eat etc? I was not at fault, yet it seems that I am being penalised.

Don't get me wrong, I know I have been overpaid and I have tried not to spend so as to cushion the reduced payment. I know the overpayment needs to be paid back, but is it fair to recoup it all in 1 salary payment, leaving an employee with no means of paying bills or surviving that month? Do you think there is a case for me to appeal the decision to pay it back over 2 months?

McKneff

There certainly is a case for you to pay it back in installments.

They made the mistake, not you. See someone in authority and ask for a reasonable time.

Dont take no for an answer either, they cant expect you to pay it all at once. I'm not an expert but I do know that.

Someone up on employment law will be along soon, so I would just try to be patient.

Good luck.

marybelle01

McKneff wrote: »

Dont take no for an answer either, they cant expect you to pay it all at once. I'm not an expert but I do know that.

Actually they can! If it's a deduction relating to an earlier overpayment of wages then the normal protection against deductions taking a wage below the national minimum wage don't apply. So it really is in the employers "gift" to decide whether to recoup the full amount at once or allow installments.

OP, I would suggest that you speak to your manager rather than HR / payroll, who more often than not are quite "jobsworth". You only have their word for it that the required paperwork wasn't filled in remember, and as someone who sits in your managers position, I find that hard to believe as the paper trail starts from the second you phone in sick, and it's pretty hard to avoid! But either way, your manager is going to find it easier to badger them into finding another way around this than you will.

McKneff

Thanks MB, I forgot about the NMW.:o

marybelle01

McKneff wrote: »

Thanks MB, I forgot about the NMW.:o

Gotta be honest. I read it on the site SarEl went to! I thought NMW applied to all deductions, but apparently not.

But the advice on LA HR and payroll is all mine. I could happily strangle them at times. They won't do a thing without a pushy manager.

megc_2

Thanks for the comments. Sadly, Marybelle01, I can pretty much rely on HR/ payroll as being right about the uncompleted paperwork, as I know my manager all too well. Staff issues are not high on her list of priorities and she is basically an inefficient and uninterested manager.

Savvy_Sue

megc wrote: »

Thanks for the comments. Sadly, Marybelle01, I can pretty much rely on HR/ payroll as being right about the uncompleted paperwork, as I know my manager all too well. Staff issues are not high on her list of priorities and she is basically an inefficient and uninterested manager.

In that case, I'd raise a grievance, and ask for the repayment to be spread.