Withheld Pay

steriley64uk · 11 July 2018 at 11:56AM

Hi all, bit of a complex situation. I hope it ok to post here as I am unsure.

About a year ago I was working for a school and I was on sick leave just before the end of the school year and 2 weeks later I got my redundancy notification. I (and many others) were treated very badly so I was going to leave anyway but my final pay was reduced for withheld pay due to hours owed when I was only off for the 2 allowed weeks of sick time as I was not expected to work during holidays. According to the HMRC I was paid in full.

Now while I dont want issues with the school as the teachers themselves are great and I have extended family at the school and I know the management will take it out on them if I do anything.

My question is where do I stand on this if it ever comes up? I may need to use this if they come after me for whatever reason they choose as they have done this to a few of my colleges in recent months even having been away almost a year.

agrinnall · 11 July 2018 at 12:22PM

I can't make much sense out of your story, but perhaps the issue buried in there is that you have been overpaid and you are worried that your ex-employer may ask you to return the overpayment - is that correct?

lulu650 · 11 July 2018 at 12:29PM

Reading the heading I've assumed the school has underpaid the OP. I don't understand why a year has passed since this has happened though.

steriley64uk · 11 July 2018 at 1:22PM

lulu650 wrote: »

Reading the heading I've assumed the school has underpaid the OP. I don't understand why a year has passed since this has happened though.

Yes. Reason for time is not important.

marliepanda · 11 July 2018 at 1:29PM

steriley64uk wrote: »

My question is where do I stand on this if it ever comes up? I may need to use this if they come after me for whatever reason they choose as they have done this to a few of my colleges in recent months even having been away almost a year.

If they come after you, you say 'stop coming after me, you underpaid me and if you want to come at me for whatever reason, I will tell everyone you underpaid me!!!!!!'

Jackandn · 11 July 2018 at 11:37PM

I'm unsure on how you would quietly resolve the issue.

If you are convinced you have been underpaid you will need to have a copy of your then contract and of your payslips and specifically the terms of what sick pay you would receive but you should most likely receive statutory sick pay as a minimum as long as you were considered an employee. I would then make a claim to the small claims court

The thing is this is not something you can do quietly you either do this via court or essentially go to the school and tell them you underpaid me and I want more money and if you don't I'll take you to court. I suspect neither way is how you would like to resolve the issue.

sangie595 · 12 July 2018 at 12:00AM

steriley64uk wrote: »

Yes. Reason for time is not important.

Of course the reasons are important. Just as the reasons why you think that they are going to "come after you" are important - because they aren't going to "come after you" over them underpaying you! I can't see how you imagine that an alleged underpayment that you haven't even raised with them is any sort of protection against them "coming after you" for something else entirely. If, after having left a year ago, they are likely to "come after you" then that suggests there is something serious for them to find out.

Withheld Pay

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