Zero pay this month!

sangie595

HappyMJ wrote: »

The 100% deduction for an overpayment in the next month is allowed. The employee would have still received minimum wages for all hours worked they just got it all paid in one month in advance. If they accidentally paid twice in October they don't need to make any payment in November and they won't be breaking any rules.

" As an additional protection for workers, there is a rule that limits the amount of deductions that the employer is allowed to make. This rule specifically states that even with your explicit permission, deductions must not result in the reduction of your pay to levels below the standard National Minimum Wage amount."
http://www.inbrief.co.uk/employees/deductions-from-wages.htm

Topcat1982

over_flo wrote: »

Enquiring for a very distraught friend who started work in September.

Apparently payroll overpaid him in October and has paid him ZERO for November and claims that he still owes more which will be deducted next month.

You say apparently, has he actually checked his bank account to see if he was paid more than double

tizerbelle

Not all deductions are equal. And recovery of overpayments of wages are allowed and they aren't subject to the limits of the NMW either

https://www.gov.uk/understanding-your-pay/deductions-from-your-pay

http://www.shoosmiths.co.uk/client-resources/legal-updates/Overpayment-of-wages-when-and-how-can-employers-recover-3973.aspx

p00hsticks

sangie595 wrote: »

" As an additional protection for workers, there is a rule that limits the amount of deductions that the employer is allowed to make. This rule specifically states that even with your explicit permission, deductions must not result in the reduction of your pay to levels below the standard National Minimum Wage amount."
http://www.inbrief.co.uk/employees/deductions-from-wages.htm

But does the situation the OP describes count as a deduction ? If I earn £X a month and am paid £2X the first month and £0 the next, I'm not sure you can say that anything's been deducted....

chuckley

the only issue here is the 'excess' they say is owed... is it from some sort of advance?!. what does the payslip say? and is the tax code correct?

bugslet

over_flo wrote: »

Enquiring for a very distraught friend who started work in September.

Apparently payroll overpaid him in October and has paid him ZERO for November and claims that he still owes more which will be deducted next month.
None of this makes sense
Surely if it is their mistake ,they should explain how they came up with this figure and negotiate repayment ,not simply leave him with nothing to live on ?

I don't know the rights and wrongs, but has s/he spoken to the employer and asked to pay it back at a slower rate? That would be my first port of call.

theoretica

sangie595 wrote: »

" As an additional protection for workers, there is a rule that limits the amount of deductions that the employer is allowed to make. This rule specifically states that even with your explicit permission, deductions must not result in the reduction of your pay to levels below the standard National Minimum Wage amount."
http://www.inbrief.co.uk/employees/deductions-from-wages.htm

A deduction can’t normally reduce your pay below the National Minimum Wage even if you agree to it, except if the deduction is for:

• repayment of an accidental overpayment of wages

https://www.gov.uk/understanding-your-pay/deductions-from-your-pay

[Deleted User]

Has he got payday wrong??

Sadly a company can change payday at a whim - and you have no comeback

Many jobs I've started during 2015 have often required a work in hand situ - was your friend paid straight away come September's pay without going through such?

I really agree it is bad not to give payslips out, sadly it is becoming all to much the norm. Despite all the asking. Sometimes.

over_flo

He was not paid double last month - it was roughly the same as the month before.
The 'error' apparently happened because of sick leave which was paid last month and then retracted this month as it was a 'mistake' as new employees are apparently not entitled to any sick pay in the first 4 months.
Even allowing for this ,he did not have the whole month off !
They are also saying he will not be having his full wage next month either despite a full attendance record.
It makes no sense to me.

over_flo

bugslet wrote: »

I don't know the rights and wrongs, but has s/he spoken to the employer and asked to pay it back at a slower rate? That would be my first port of call.

He is planning to do this this morning and to ask for a proper breakdown of the figures.