Over Payment.

getmore4less

shezza2 wrote: »

My pay is now 6.56 which is what they say it should have been from day one for 39 hours which I have to do. I do get paid for holidays.

£6.56 for 39hours is £255.84 net should be £228.16. for standard tax code of 944L


http://www.listentotaxman.com/index.php

shezza2

Hi, I have just been contacted by HR who say they are going to take back the overpayment without coming to some agreement.
Each time my rate changed ( 4 times) I questioned it and was given reasons that said it was right. Someone is accountable for these mistakes so I am thinking of taking a grievance out on person or persons who allowed it to happen. what do others think

marybelle01

shezza2 wrote: »

Just an aside.....I work for a council run place,and wages are done by East Midlands Shared Service.

Just one word of caution - I am not doubting your word, but are you sure that the council is your employer, because it is not uncommon these days for councils to contract things like HR and payroll to certain types of outside bodies. In such cases you may get a "council payslip", but that does not necessarily mean that you work for the council! The only reason I raise this is because, no matter what part of a council you work for, it is highly irregular and almost exceptional for people employed by a council to have not received written statements of particulars/ contracts and information about how to access employee handbooks - and even more odd that there would be confusion about what are, for councils, standardised rates of pay.


That said, I would advise you to tell them formally that you do not acknowledge the debt and submit a grievance. You say that on each occasion you received an increase you queried it (any chance that you have evidence of that? It would help). So your grievance is, in a nutshell, that you had a reasonable expectation that your wages were correct. They did not confirm in writing the wage amount, so you assumed your original wage to be correct; and all increases after that were queried by you and you were assured that this was the correct wage. You therefore had a reasonable expectation that the wage you received was correct and reasonably spent the money in that belief. There is case law, but I am afraid I don't know what it is (yes, I know, not a lot of help, but I read it somewhere else!) that says that the employer cannot recoup overpayments in such circumstances. So I would suggest that you go for it and tell them you do not agree to deductions for this reason. You have "nowt" to lose!

marybelle01

PS - I can't find the thing I read before, but hope this helps http://www.payroll-help.com/faq/deduction-of-wage-overpayment/

shezza2

marybelle01.....Yes definietly council run and owned. With wages done at a shared services. The problems happened whilst wages was still being done at our council offices as we have only recently gone to shared services.

marybelle01

shezza2 wrote: »

marybelle01.....Yes definietly council run and owned. With wages done at a shared services. The problems happened whilst wages was still being done at our council offices as we have only recently gone to shared services.

Well in that case there must be a copy of your written statement of main particulars on file, although it may only help in clarifying your original wage. But otherwise I would suggest you follow the grievance procedure - ask the employer for a copy, but the first stage is always, take it up with your manager (who should be able to provide a copy of the procedure). Not HR or payroll. They will only answer what you say to them, not process a grievance.