Incorrect deduction from wages.

dippy3103

The title says it all..

My employer wrote to me in late December concerning an "overpayment" of salary, saying they were going to deduct the whole £239 from my salary at the end of December. I received the letter too late to stop the deduction.

They have now acknowledged that the overpayment was in fact only £17 not £239. I have no issue with paying back money I wasn't due. However I do take issue with such a high deduction (without notice) especially when they have taken £222 too much. They have left me very hard up for this month- money is tight in January anyway.

Do I have any rights to insist that they repay me before next payday, or do I just have to wait. They are a very large employer.

NotSuchASmugMarriedNow

Just ask them to pay it back immediately. Explain that you can't wait until payday and that you need the money now.

Latazza

The should be able to do a same day payment mention the hardship and that you will struggle to get into work

dippy3103

Can I insist though? Or am I relying on their goodwill- I have tried emailing and pointing out that their mistake is leaving me short this month.

Thanks

agrinnall

Rather than emailing, which is easily ignored, I think you should raise it through your line manager.

Darksparkle

agrinnall wrote: »

Rather than emailing, which is easily ignored, I think you should raise it through your line manager.

That would depend on the employers process.

My manager has no access to my wage records, control over my wages and cannot take any action on it.

I'd always need to go through HR myself, although would prefer to do it by phone.

OP when my employer underpaid me one month, they were able to make a mid month payment to correct it. It was Decemeber when it happened to me so would have been a struggle over Christmas. Maybe see if yours could do something similar?

Undervalued

dippy3103 wrote: »

Can I insist though? Or am I relying on their goodwill- I have tried emailing and pointing out that their mistake is leaving me short this month.

Thanks

In theory yes but in practice.......

If they they don't then what are your options?

Again, in theory, if you are left out of pocket as a result of somebody else's mistake you can look to them to make good any losses you suffer. Ultimately you could sue them. In any legal action you would have a duty to keep you losses as small as reasonably possible. For example, you would be expected to use any savings rather than incur overdraft and bank charges unless this was unavoidable.

However, do you really want to go down this route with your employer.

As others have said, write a polite but firm letter explaining the situation and ask to be put back into the position you would have been in had they not messed up. Should that fail we can take it from there.

dippy3103

Undervalued wrote: »

In theory yes but in practice.......

If they they don't then what are your options?

Again, in theory, if you are left out of pocket as a result of somebody else's mistake you can look to them to make good any losses you suffer. Ultimately you could sue them. In any legal action you would have a duty to keep you losses as small as reasonably possible. For example, you would be expected to use any savings rather than incur overdraft and bank charges unless this was unavoidable.

However, do you really want to go down this route with your employer.

As others have said, write a polite but firm letter explaining the situation and ask to be put back into the position you would have been in had they not messed up. Should that fail we can take it from there.

Thanks - I have tried & by the time they make any payment then it will be virtually payday anyway.

Oh well, I don't pay council tax in Feb & it's a short month & they will be repaying me at end of Jan. Just have to tighten belt for rest of month