Denied £299 cost of living payment due to Employers payroll mistake

cathyr456

Hi everyone. 
So, in Oct 23 my employer input some entries on my timecard which were incorrect, which resulted in a £800 shortfall in my wages.  This was noticed by another manager who alerted payroll to the problem. 

It was subsequently rectified by repaying me the £800 in my Nov 23 payslip. 

Here comes the problem. Because I got nearly double wages in Nov 23, I didnt qualify for Universal credit, and subsequently the £299 Cost of living payment. 

I have asked my employer to amend my payslips as if they hadnt made the mistake at all. This in itself would mean I automatically qualify for the COL payment. They have refused despite 2 grievances. 

They keep telling me  I need to 'Raise a case' with HMRC, and that they would be fully co-operative with that process. However HMRC say there is no way to Raise a case!

I also raised an appeal with the COL dept, but they say they cannot order my employer to amend those payslips?  

Anyone got any great ideas on how I resolve this? I'm £299 out of pocket due to my employers mistake. 

Hoenir

Unfortunately your employer cannot retrospectively amend your payslip . What is declared is set in stone. 

Your next months payslip should have been notated as an an adjustment or back pay rather than simply basic pay. 

What was omitted from your original payslip as I'm surprised you didn't spot it immediately. 

huckster

Issue a County Court claim against your employers, if the employer refuses to pay you an ex gratia payment of £299. 

Your employers mistake caused this loss, so it would be up to your employers to make up this loss. 

First step is to send a formal letter before claim to your employers. Give them say 21 days to pay you or you will issue a County Court claim.

la531983

huckster said:

Issue a County Court claim against your employers, if the employer refuses to pay you an ex gratia payment of £299. 

Your employers mistake caused this loss, so it would be up to your employers to make up this loss. 

First step is to send a formal letter before claim to your employers. Give them say 21 days to pay you or you will issue a County Court claim.

Surely this is consequential loss and no judge would entertain such a claim.

Hoenir

huckster said:

Your employers mistake caused this loss, so it would be up to your employers to make up this loss. 

We've yet to ascertain what has occurred. 

elsien

Plus do they really want to seriously !!!!!! their employer  for the sake of £300? 

cathyr456

Hi Hoenir, Thanks for your reply. 
Yes, I did spot it immediately, but the effects of their mistake wasnt realised until some months later. ie when I didnt qualify for the COL payment ;(

cathyr456

huckster said:

Issue a County Court claim against your employers, if the employer refuses to pay you an ex gratia payment of £299. 

Your employers mistake caused this loss, so it would be up to your employers to make up this loss. 

First step is to send a formal letter before claim to your employers. Give them say 21 days to pay you or you will issue a County Court claim.

Yes thats what I'm in the process of doing.....fingers crossed

cathyr456

Hoenir said:

huckster said:

Your employers mistake caused this loss, so it would be up to your employers to make up this loss. 

We've yet to ascertain what has occurred. 

Hoenir said:

huckster said:

Your employers mistake caused this loss, so it would be up to your employers to make up this loss. 

We've yet to ascertain what has occurred. 

Hoenir said:

huckster said:

Your employers mistake caused this loss, so it would be up to your employers to make up this loss. 

We've yet to ascertain what has occurred. 

Hoenir said:

huckster said:

Your employers mistake caused this loss, so it would be up to your employers to make up this loss. 

We've yet to ascertain what has occurred. 

I think it says what has happened in my original post;)

cathyr456

elsien said:

Plus do they really want to seriously !!!!!! their employer  for the sake of £300? 

£300 would've paid for my heating for 2 months over the winter period! So, not sure bout you, but £300 is a lot of money to me. And to be honest, its the principle of the thing that grinds my gears most!

cathyr456

@la531983 How would a claim for consequential loss hinder my claim- Genuine question?