Unknown Wages Over Payment, Taking In Full

MysteryX

Hello to eveyone

I will try and keep as brief as possible, but any help what so ever will be truely greatful.

My situation is I am currently on sick leave due to an accident at work and have been since 1st August 2019, I did return for 2 weeks in October after being sent for a medical with a company doctor and was told to be on strict light duties as a result. This was taken away and told to go back on the sick.

My company offer a generous 12 weeks full paid, which I have recieved. But now in receipt of SSP.

In my latest pay check I have received nothing at all, and after a day of unkowing as to why through calls back and forth. I have eventually been told I have been overpaid at somepoint by £722.

There action is to recover the full amount in one go. Hence having no pay this month. I have also been informed it means I will also be left with no wage in Decembers pay.

My seeking of advice is to see if there is absolutely anything I can actually do please?

Its been harf enough trying to support a family of 5 off the SSP and I am in total panic mode now as £0.00 wages means I have nothing to pay all standard bills, rent, gas and electric, etc.

I work for a sub company of a major organisation, so our payroll team doesnt directly work with my company. My direct manager sat down and went through all my wage slips and didnt see any of this said overpayment.

Obviously if there was an overpayment, I know it would need paying back, but surely to take it in full and leave me with nothing at all is very bad practice? And to not even notify me about what they had planned?

I just feel this is horrendous to treat an employee this way, when I have had no idea I had apparantly been overpaid throughout the year.

Thank you for taking the time to read this.

getmore4less

Irrespective of the right/wrong it HAS happened and will take time to get fixed.

I think your best bet is to ask your direct manager to help and get a payment authorised ASAP for at least the SSP that is due till the issue is resolved.

mark55man

"The employer must behave reasonably in seeking the reimbursement of wages. For example, if the worker is on the minimum wage, they must take this into account when deciding on the repayment plan."

First contest if it has been overpaid - ask to see the workings out

Second remind them they are obliged to behave reasonably

Third are you part of a union - if so take it up with them. if not then maybe seek advice from CAB. I have found them very helpful

EDIT: Fourthly - whose fault was the accident at work - have you considered seeking compensation - although that would be a major escalation - but it looks like they are trying to shake you off the tree so might not be entirely unwarranted

Blatchford

mark88man wrote: »

"The employer must behave reasonably in seeking the reimbursement of wages. For example, if the worker is on the minimum wage, they must take this into account when deciding on the repayment plan."

First contest if it has been overpaid - ask to see the workings out

Second remind them they are obliged to behave reasonably

Third are you part of a union - if so take it up with them. if not then maybe seek advice from CAB. I have found them very helpful

I'm not sure that many employers will be overly intimated by an unaccredited quote from an anonymous website. Especially when it is wrong (like a lot of things in the Mirror). There is no obligation in law to "behave reasonably". That's an opinion.

The OP is best advised to firstly contact their line manager and explain how this deduction has wiped out their income entirely. The chances are that the manager knows nothing about any of this, and may be a valuable ally. Ask if the employer will reinstate SSP as it constitutes the entire family income; and then negotiate a repayment plan once they have explained how the overpayment has arisen and that you agree it is correct. The priority needs to be to try to get a payment, and sort out the details later. It isn't a good way to treat an employee, but as I said, I'd lay bets that the payroll people just act in a vacuum "balancing the books" and nobody really knows about it.

Is the accident subject to any form of claim?

getmore4less

Blatchford wrote: »

..........

The OP is best advised to firstly contact their line manager and explain how this deduction has wiped out their income entirely. The chances are that the manager knows nothing about any of this, and may be a valuable ally...........

My direct manager sat down and went through all my wage slips and didnt see any of this said overpayment.

The manager already knows.

DCFC79

So if you were overpaid by x amount surely this is sat in your account, have you yourself checked the workings out ?

MysteryX

Thank You for your quick responses.

My manager is aware of the situation, but doesnt have an explanation as to why/where they have got this over payment from. He has requested for some form of breakdown to show this.

Unfortunately I did decide to get a solicitor involved. The accident happened at work, BUT was caused by an outside party delivery driver, driving into me. I am not usually the kind of person to think about a claim, but in the event he drove off without stopping. And he even joked about it the following day saying its just one of those things that happen. So this didnt sit right with me.
However the case didnt go to plan and my works refusal to supply any information, the claim has landed on them for breach of health and safety (They had no procedures in place or loading bays, so was basically a frer for all)
The have however accepted liability.

Chasing my employers wont be a quick easy task, as last year I was unserpaid half my wage, and this was a hard task getting back. As the place i work is a sub company of a massive organisation. We get paid from them and not our company. And I found out the main company contract a seperate company to organise wages , which is apparantly in a different company and sorted through offshore accounts.

In regards to checking my bank, all paid monies into my ban match what my wages state.

Thank you all again

getmore4less

Keep records that will show what costs you have incurred.

If they have got it wrong you should be able to claim for those.

You should try to mitigate costs where ever possible.

mark55man

Blatchford wrote: »

I'm not sure that many employers will be overly intimated by an unaccredited quote from an anonymous website. Especially when it is wrong (like a lot of things in the Mirror). There is no obligation in law to "behave reasonably". That's an opinion.

wow - factcheck++ for spotting the source -

as an amatuer and for another thread I have looked into this before though and there is a general expectation of reasonableness, which does not seem to be in play here

for the OP - you seem to be drowning in options, I think you need to set a clear priority and focus on one thing at a time

Blatchford

Oh now that is more interesting. Speak to your solicitor. If your employer has admitted liability for the accident, then your claim will include loss of wages, and you may be able to arrange for an interim payment. Frankly, having admitted liability many employers would have already decided to continue full pay as its swings and roundabouts - they'll pay one way or the other.

And there is only one "unfortunately" - that you didn't have a union to back you. Lesson learned?

Blatchford

mark88man wrote: »

wow - factcheck++ for spotting the source -

as an amatuer and for another thread I have looked into this before though and there is a general expectation of reasonableness, which does not seem to be in play here

for the OP - you seem to be drowning in options, I think you need to set a clear priority and focus on one thing at a time

Unfortunately the law doesn't operate on a "general expectation of reasonableness" and there is no way to enforce it! Whatever it is, because it's a phrase that means nothing.