Late payment and deductions (student loan)

SiMaggio

Hello,

My employer didn’t pay me for three months at the start of my contract then paid me it all late in one month. The deductions for a plan 1 student loan were above the threshold but were taken as though all the money was earned in that one month, rather than across the previous months (this resulted in a deduction that was significantly higher than it would have been across three months).

My employer is refusing to assume responsibility for the late payment and says that HRMC forces them to deduct that amount. My claim is that I have been over deducted as a result of their negligence (it was bad enough not being paid for several months). I’ve gone through a long process of my complaint being escalated and then being ignored (literally) and then dismissed (with the excuse HMRC make them do it).

This is not some small employer- it’s one of the largest regional employers. Any suggestions on what steps to take next? I plan on speaking to the union but I don’t have faith in them being able to do much.

Thanks I’m advance.

dawyldthing

You can apply to get the student loan back if you don’t go over the threshold over the financial year. Google student loan repayment, you’ll prob have to give them a ring may time to see how you get it back

Undervalued

If you have suffered a quantifiable financial loss as a result of somebody's negligence (your employer in this case) and providing you took all reasonable steps to minimise your losses as far as possible then, in theory at least, they are liable.

Ultimately, if informal negotiation fails, you would have to sue them. Whether this is a wise thing to do with your current employer, particularly with less than two years employment, is another matter!

As you say, speak to your union and see what they say.

ohreally

SiMaggio wrote: »

I plan on speaking to the union but I don’t have faith in them being able to do much.

If you contact them with that attitude, they won't.

SiMaggio

It’s over the yearly threshold (only just) but thanks. Annoyingly once you are over the yearly it’s calculated monthly- so if you earn more some months

SiMaggio

Undervalued wrote: »

If you have suffered a quantifiable financial loss as a result of somebody's negligence (your employer in this case) and providing you took all reasonable steps to minimise your losses as far as possible then, in theory at least, they are liable.

Ultimately, if informal negotiation fails, you would have to sue them. Whether this is a wise thing to do with your current employer, particularly with less than two years employment, is another matter!

As you say, speak to your union and see what they say.

I’ve more than two years (about 8) but only recently got permanent. That’s the worst thing- it’s not like payroll didn’t already have all my details

SiMaggio

ohreally wrote: »

If you contact them with that attitude, they won't.

I don’t even know what you mean here; attitude?