Salary confirmed in writing but employer claiming mistake

FBaby

You need to check because although legally you have to take at least 20 mns that does not mean you can demand to only hehe 20mns. It will be down to your company policy/your boss decision.

Bluebird19_2

I have a meeting with HR this week to discuss this. Any advice? I'm sticking to my guns - I have written confirmation of the agreed salary and new working pattern. But what happens if they don't agree? Not sure what my rights are or which path to pursue next. Any advice?

Undervalued

Bluebird19 wrote: »

But what happens if they don't agree? Not sure what my rights are or which path to pursue next. Any advice?

I answered that back in post No 3!

Denning.

Bluebird19 wrote: »

I have a meeting with HR this week to discuss this. Any advice? I'm sticking to my guns - I have written confirmation of the agreed salary and new working pattern. But what happens if they don't agree? Not sure what my rights are or which path to pursue next. Any advice?

They will be able to amend your pay back to the correct salary, isn't anything you can do about that. You could claim unfair dismissal but as the mistake was genuine I highly doubt you would win.

Of course you can kick up a stink, they might relent.

Takeaway_Addict

Undervalued wrote: »

I answered that back in post No 3!

Probably because its not what they want to hear.

OP, by all means stick to your guns and if they don't fold they will ultimately tell you tough, this is what we are paying you and then it is as Undervalued says.

mountainofdebt

Are we talking mega bucks here for the 2 hrs?

Only wondering if, when you take tax and ni into account -together with any effect on tax credits this new reduced salary will have - whether its worth the bad feeling

Bluebird19_2

It's the difference of a couple hundred pounds (net) each month not to mention that they're asking for me to repay that amount for the several months I've been back. My partner and I made major financial decisions based on the amount that was confirmed to me last year (including a decision for him to go part-time) so it has quite significant financial repercussions for us. It feels like such a grey area, but as I said I'm absolutely sticking to my guns on this.

lakes17

It's probably a matter of principle here. I also wouldn't advise OP to be unco-operative here as I feel that the best outcome would be to amend salary from a future date and write of the overpayment. But if OP is argumentative then they mat well turn round and also ask for the overpayment to be paid back. And to your question OP - "what rights do you have if don't agree with the decision the answer none other than resigning. I'm afraid HR hold all the cards on this one.

Takeaway_Addict

Bluebird19 wrote: »

It's the difference of a couple hundred pounds (net) each month not to mention that they're asking for me to repay that amount for the several months I've been back. My partner and I made major financial decisions based on the amount that was confirmed to me last year (including a decision for him to go part-time) so it has quite significant financial repercussions for us. It feels like such a grey area, but as I said I'm absolutely sticking to my guns on this.

£200 net a month for around 8 hours extra pay means you get paid around £40 an hour gross, is this true?

Doesn't particularly change the matter but a little more understandable considering the amount involved but really the advice doesn't change as far as I can see.

The previous poster makes a good point that if you are willing to concede a bit the employer may concede the previous over payments. But only you know your employer

jobbingmusician

I've got a bit lost here. You seem to assume that the fault is all on the side of the employer, whereas in fact you have reduced from 37.5 hours to 28 hours. OK, your employer did tell you that you would be getting 80% of your previous salary, but you, too, should have known how many hours you were supposed to be working previously!

Yes, I agree that your employer is being rather mean trying to claw back the overpayment for time to date. (Although I would be wondering, if I were the employer, how many hours you were ACTUALLY working before you returned, if you were on a 37.5 hour contract but believed your hours to be 35!) In your position I would be looking to reassure them about the extra hours you have worked in the past (assuming that you actually DID work at least 37.5 hours a week) and use this as a negotiating tool to save them the costs of claiming your repayment