Over pay situation - any advice?

Mumraaa

Takeaway_Addict wrote: »

What you're saying is that if the employer makes the error in the favour of the employee then tough on the employer but if its in favour of the employer then tough on the employer. This is ridiculous.

It doesn't need to be independant, it needs to be the employer saying you owe this because of this and you then either agree with the figures or disagree.

Spot the employer!
And if the employer disagrees it's over lol you live in a crazy world oh wait it is this world. I wonder weather the employer will agree or disagree hmmm...I prefer a world were the ones that make the mistakes pay for them not the others but I can see your the opposite!
It would be so easy to make a graded scale of penalisation I'm not talking about them losing all of it just a small percentage unless it was estoppel of course.

Takeaway_Addict

Mumraaa wrote: »

Spot the employer!
And if the employer disagrees it's over lol you live in a crazy world oh wait it is this world. I wonder weather the employer will agree or disagree hmmm...I prefer a world were the ones that make the mistakes pay for them not the others but I can see your the opposite!
It would be so easy to make a graded scale of penalisation I'm not talking about them losing all of it just a small percentage unless it was estoppel of course.

If its estoppel it's estoppel which has been pointed out is hard to prove.

I never said if the employer says its over its over did I? You have other options to go down if you disagree with their figures.

The ones that make the mistakes pay for them? So if you send a bank transfer of £1000 to a company instead of £100 you should have to just put up with it as it was your mistake? Of course not and neither should the employer.

And its whether not weather.

Mumraaa

Yes that it's why I said graded like first 3 months no punishment then a tiny one up to a small one over years surely not checking it is a bit strange and i never said pay all...And yes you do get punished on transfers over the years every month. Thanks for reinforcing my point..And it's raining why do you ask?...blah blah anyway...

Ok so finally had a look at some of what happened and it complex I can see the wage was correct and the protected pay was off and there is no way to work out the protected pay from the slips. Dad says he never got a contract update obviously I can't say for sure. Pretty much over but they basically they calculated the difference then they will take 20 percent off which has not arrived yet so maybe he's lost some ni. But I'll have to check it when it comes. I'll tell him to bend over and...As usual .

Takeaway_Addict

Mumraaa wrote: »

Yes that it's why I said graded like first 3 months no punishment then a tiny one up to a small one over years surely not checking it is a bit strange and i never said pay all...And yes you do get punished on transfers over the years every month. Thanks for reinforcing my point..And it's raining why do you ask?...blah blah anyway...

Ok so finally had a look at some of what happened and it complex I can see the wage was correct and the protected pay was off and there is no way to work out the protected pay from the slips. Dad says he never got a contract update obviously I can't say for sure. Pretty much over but they basically they calculated the difference then they will take 20 percent off which has not arrived yet so maybe he's lost some ni. But I'll have to check it when it comes. I'll tell him to bend over and...As usual .

So basically you're just making rules up to suit right?

Let's stop the tit for tat ok.

I would suggest he gets back onto his union and ask them to explain it to him and for them to do some calculations to see what their view is before going back to the employer.

EDIT: what is the official line from the union, you say he has tried them but not actually what they said.

slightlyconfused1

I sympathise with your Dad regarding the payslips. Some are impossible to understand. It would, however have been a reasonable assumption that if he reduced his hours his pay should have reduced too. When this didn't happen he should have questioned payroll. As he didn't, it weakens his argument that he didn't know his pay was wrong.

As your Dad works for the Council they have a duty to recover the overpayment as it is "public money". With the squeeze on council budgets and cuts everywhere it would be shocking if they didn't try to recover it. Think of it in terms of carer hours.

I would advise your Dad to ask for a breakdown of the overpayment so that he can check that the figures are correct and ask for a full written explanation as to why this occurred. They have made mistakes before so don't just accept that they have done it right this time.

As has been said before he should try and negotiate a reasonable repayment plan that he can afford.

Mumraaa

slightlyconfused1 wrote: »

I sympathise with your Dad regarding the payslips. Some are impossible to understand. It would, however have been a reasonable assumption that if he reduced his hours his pay should have reduced too. When this didn't happen he should have questioned payroll. As he didn't, it weakens his argument that he didn't know his pay was wrong.

As your Dad works for the Council they have a duty to recover the overpayment as it is "public money". With the squeeze on council budgets and cuts everywhere it would be shocking if they didn't try to recover it. Think of it in terms of carer hours.

I would advise your Dad to ask for a breakdown of the overpayment so that he can check that the figures are correct and ask for a full written explanation as to why this occurred. They have made mistakes before so don't just accept that they have done it right this time.

As has been said before he should try and negotiate a reasonable repayment plan that he can afford.

Yep so as I said we will have to wait for the final calculation. My dad is checking whether he got anything regarding an explanation for his payment protection. I personally would of checked it all but my dads a strange type that seems to avoid difficult situations with money - found out he was on a normal tariff on his energy too - ug! And as the payment protection was simply a final amount on his payslip without knowing how its worked out it would be impossible to know if it was correct or not. True its public money but its nothing compared with some of the things I have read - £100 for light bulbs, MP expenses billion pound military flunks. So many government departments etc. would go bust if they were businesses. And then you have 100's of billions of tax not collected from the businesses that are doing well... so I am not on their side for this one. And I just think if you genuinely think the money was correct for such a long time it really is a nasty thing to have to pay it back when its important money and you essentially lived life in a way with the knowledge that you had in the bank. There definitely should be independent judgements and some kind of incentive to check records more often for employers. Anyway I know its more complex than just that...just saying.

tomtontom

There is an independent body that gives judgments on employment complaints - HM Courts & Tribunals Service.

Mumraaa

tomtontom wrote: »

There is an independent body that gives judgments on employment complaints - HM Courts & Tribunals Service.

It's free? Pretty sure no one it's going to risk thousands on a tiny chance to get estoppel like the other post says...I'm talking about something like a free quick service that is none of the parties involved...I would like to see the statistics on how many employers judge then selves correct lol!

lakes17

As I have already stated I have worked for the Council in HR/Payroll capacity for many years. If you feel that the whole case has been badly handled and your not getting any proper answers or an apology then you can write a letter of complaint to the Chief Executive of the Council your father works for. It won't be brushed under the carpet as the Chief Executive will demand a full explanation from the person/persons involved and what different steps they have taken. The money will probably not be written of due to the fact it is the public purse and council's budgets are extremely tight , however it will ensure that you are treated fairly and with a suitably worded apology.

Mumraaa

lakes17 wrote: »

As I have already stated I have worked for the Council in HR/Payroll capacity for many years. If you feel that the whole case has been badly handled and your not getting any proper answers or an apology then you can write a letter of complaint to the Chief Executive of the Council your father works for. It won't be brushed under the carpet as the Chief Executive will demand a full explanation from the person/persons involved and what different steps they have taken. The money will probably not be written of due to the fact it is the public purse and council's budgets are extremely tight , however it will ensure that you are treated fairly and with a suitably worded apology.

Yep thanks. I'll pass it on that does sound like the best option I want to make sure he's not over looked anything of course first. Even though that would still be the employer judging.Thanks all.