Wrong salary??

access14

Hi, any advice would be appreciated with this.

My shift pattern changed two years ago which meant that my working week changed from 38 to 42 hours per week.
As I am salaried I was told what my new salary would be should I change to this pattern. I accepted this offer and I received written confirmation of my new salary for working 42 hours per week. (Both salary and hours stated on confirmation)

Now, two years later, I have been informed that my salary was 'wrongly calculated' because they had used a 45 hour working week as opposed to a 42 hour working week.
The outcome being that my salary is to be frozen and that I am to be 'ring fenced' in the salary band until I have "naturally eroded" the equivalent 'overpayment' in future salary increases.
This amounts to about 7%, so with average salary rises of about 2% I will not be entitled to a salary increase for some four years!
Do I accept this or do I have some legal rights?

Thanks

McKneff

I would want to see their calculations from 2 years ago, dont just take their word for it.

Did you not notice this yourself.

If it is correct, of course you have to fall in with their request.

Its better than them demanding it all at once or a 1 year repayment plan

CIS

This amounts to about 7%, so with average salary rises of about 2% I will not be entitled to a salary increase for some four years!

Does your contract state anything about an annual wage increase ?

access14

CIS wrote: »

Does your contract state anything about an annual wage increase ?

Just subject to annual review

KiKi

AFAIK, they can reclaim 'mistakes' from up to 6 years ago, and far better to not get an increase in salary than demand it back. You *will* get a salary increase year on year, but it will be taken back by them so the net effect (obviously) is the same.

HOWEVER! You say the salary and hours were on a statement. Is the salary on the statement the one you've received? Ie, they calculated wrong and TOLD you the wrong amount? Or did they tell you the right amount but then overpay you?

If it's the former, I think you should appeal. If they said "your salary is £30k" and paid you £30k, then the fact that they made a mistake and consistently paid it for two years, and you had absolutely no way of knowing, then I'd say that's now become a part of your contract because a) they told you it was your salary in writing; b) they authorised and paid you that salary for two years and c) it wasn't something you had any control over or knowledge of. I'd argue (although it's not a strong argument) that the salary in writing created a change in your T&Cs that you and they accepted.

That's not a legal position, just my opinion.

Are you a member of a union?

KiKi

CIS

Just subject to annual review

I suspect they'll use this to argue not giving you a pay rise - they reviewed it and decided once wasn't warranted (for whatever reason)

access14

KiKi wrote: »

AFAIK, they can reclaim 'mistakes' from up to 6 years ago, and far better to not get an increase in salary than demand it back. You *will* get a salary increase year on year, but it will be taken back by them so the net effect (obviously) is the same.

HOWEVER! You say the salary and hours were on a statement. Is the salary on the statement the one you've received? Ie, they calculated wrong and TOLD you the wrong amount? Or did they tell you the right amount but then overpay you?

If it's the former, I think you should appeal. If they said "your salary is £30k" and paid you £30k, then the fact that they made a mistake and consistently paid it for two years, and you had absolutely no way of knowing, then I'd say that's now become a part of your contract because a) they told you it was your salary in writing; b) they authorised and paid you that salary for two years and c) it wasn't something you had any control over or knowledge of. I'd argue (although it's not a strong argument) that the salary in writing created a change in your T&Cs that you and they accepted.

That's not a legal position, just my opinion.

Are you a member of a union?

KiKi

My conirmation letter stated what my new salary was for working 42 hours

paddyrg

Are they saying you won't get a raise until you are back in sync, or that you won't get a raise until you are back in sync AND have repaid the overpayment? If the former, keep schtum, it means you are *still* being overpaid and will be until you are back in sync in 3-4 yrs time.

I think they are dealing with this very well, they could just chase you for the overpayment and dock it from your current salary instead of allowing you to erode back to where you should be (or if you change jobs in the meantime, you're quids-in)