sainsburys nightshift underpaid

begakins

ive worked for sainsburys doing nightshift for nearly 10 years, last week we were told that they discovered that they had been underpaying usregarding our holiday pay, they claim their records only go back 3 years, so can only backdate for that time, they say this is a "goodwill gesture", i find this amusing as this is their error and this money is ours. Can i ask what other people think, im not willing to accept this, their records must go back more than 3 years, i was wondering if i should take legal advice on this, dont think the union is going to achieve anything.

Sambucus_Nigra

If you had been overpaid I suspect they would want the full amount back, not just 3 years worth so go for it.

hippygran

I'm pretty certain that business records need to be kept 5 years plus 10 months. This would include payroll. So no, I don't believe that they only have records going back 3 years either! You could always check this with HMRC. Sure they would love to know that Sainsburys keep their records for approximately half the amount of time that HMRC say they should!

stix62

Being a PLC they should be keeping records for 6 years.

paddedjohn

Just a thought and it may not even apply here but what would be the position if the OP was claiming tax credits or other means tested benefits during the last few years, would they have to be recalculated and any overpayment paid back?

AP007

It's 6 years. Ask them if you were OVER paid would they claim the money back in full?

It is an illegal deduction.

Russe11

Do a data protection act 1998 request for all records held concerning yourself... see how far back the records really do go back.

Legally i'd say your entitled to go for 6 years, its sounds like they are chancing it that they can cut their liability in half by you agreeing to talking only 3 years backdated(that you will be signing an agreement to get the payment).

I would still argue that they have now acknowledged its circa 10 years underpayment, so I would be going for the 6 year records they should hold plus the extra 4 years as a goodwill payment. Of course i'd push for some sort of interest on the sum owed since the nominal sum will of taken quite a hit over the ten years.

agrinnall

While there may be no legal basis for this I would say that if they have admitted underpaying for 10 years and they only have records for part of that time then they should calculate the average underpayment made during the period they do have records and pay you the same for the remaining time.

Edited to add that Russe11 makes a very good point about interest.

ohreally

USDAW has a recognition agreement with Sainsburys, any of your colleagues members?

TU should be able to get involved on a collective basis to resolve.

dontknowme

Working at sainsburys now for the last 10 years i have worked on night for 4 years between 2007 and 2011 and now have returned back though the the day. It has come to my attention that others currently are getting this pay out who are on nights and i am not entitlled to anything. I would like to know where i stand with this or as i have left nights i am not entitled to anything now? thanks for any respnonce

prowla

OP - Do you still have you payslips?