What would you do?Pay issues

wibblewibblewibble

Since early in the year I have had problems with my pay. I work for a huge organisation with departments split across the country. Payroll, HR and my manager are all blaming each other. I have had countless meetings with promises of resolve but every month something new happens and it is just getting worse. My company is in huge financial difficulty at the moment, they have been all over the news, I don't know whether it has something to do with that. Anyway I will give you an overview.

Firstly, I got put on a permanent contract earlier this year, and my pay went down, when I was told that I would get a huge rise. Then, I was the only person in the department not to get an increase in July. This was not down to discrimination, but rather incompetence and inability to work my pay out, I'm sure (my payslips are impossible to work out). In September my bonuses suddenly stopped (again incompetence). Then this month I haven't been paid for the overtime I have worked. I worked lots of overtime in November to help pay my debts off and pay for Xmas, I am in a lot of debt and needed this money.

My payslips are unreadable, I work unsocial hours and get paid more for this, but I have never been told the rates so I can't work out exact figures. On top of that, rather than put a pay rate down, they have two wages for me, I do not work 2 jobs so it is a joke! My contract just gives an incorrect yearly figure, nothing about overtime or the unsocial hours I work. Everybody that I work with is on different rates of pay etc, so we can't even compare our payslips to work things out! Others have had issues of late but they haven't had as many as me and for so long.

I phoned ACAS up, even the advisor that I spoke to was shocked and said why are you working extra hours when you aren't getting paid!, They have advised me to fill out an early conciliation form and put everything in writing through an email. Apparently it is very difficult to get money back after 3 months. I have about a week left to do this within the 3 month period, and that is just for the latest amount of money I haven't been paid. The thing that I am worried about is that I work in a small office and I feel that I will be taking legal action on my manager, who is really lovely, and I don't want to seem difficult. So I'm just wondering what other people would do? Fill in the form or just keep going to meetings and wait for the situation to sort itself out?

tacpot12

I think I would be pro-active, and fill the form out. You can still be really pleasant with your manager; they should understand that being paid correctly is a basic employment right.

Barny1979

I presume you are looking at alternative employment options in the New Year?

C.M.

Just a point of note, which ACAS should have advised you in. The 3 month clock only starts ticking once the underpaymenta have stopped.

There is precedence and case law to show that for a one of underpayment the time limit for action is 3 months; but for a series of underpayments or unauthorised deductions then the clock starts when the last one takes place. So as long as you haven’t received your correct pay at any point once you lodge your early claim paperwork then if you are successful in your claim you should get back any and all missing money.

But, that doesn’t mean wait around, get your form completed and in now!