"Living Wage" and pay dispute

[gingerstu]

Hi All,

I have a bit of an ongoing pay dispute with my payroll department. The upshot is that they didnt pay me for my first month of employment as I started after the cut off date. As a result they paid my salary via CHAPS so that I wasnt short. They paid three payments, the total of which was very close to what I worked out as them owing me. There was about £26 difference with me owing them. Fine

They are now saying to me that the third CHAPS payment was a mistake (£144.52 in value) and that they want it back. Trouble is I aint got it no more gov. As the amount paid to me was very close to what I thought they owed me I assumed that this is correct.

Now, as this is their mistake and I cant afford to lose £144.52 from my next months salary where do I stand legally. I've heard of the "living wage" and I think this is where I state how much I can afford to pay back on a monthly basis should they prove that infact the total of the three CHAPS payments was actually incorrect and they didnt owe me the final £144.52.

By the way HR are totally useless and about as much help as a one legged man at an arse kicking party. At the moment I have the finance director on the case. Also, my employer is the NHS.

TIA

Stuart

[Scubee]

If an employer overpays you, they are entitled to claim it back. However, under some circumstances, for example if you told them they had paid you too much, they said no we didn't, so you went out and spent it in good faith, you might get away without having to pay it back.

However, employers are obliged to provide you with a payslip, telling you exactly what you ar due to be paid, detailing all deductions, and the final amount ou are due. If this does not tally with what you beleive you should be paid, then it needs to be explored further.

Ask them:
1. what rate you were being paid at
2. how many hours have been used to calculate the pay
3. how much tax, NI and any other deductiond have been made

Compare that information to what you are contracted to recieve.

If they are correct, then you are obliged to repay it, but only at a reasonable rate. For example, if that is a weeks wages, then it would be fair to say OK... bit it is going to take me x weeks to repay it at a rate of £x per week. Work out what you can afford, then half it. I suggest halfing it, because they would rather get it back over a longer period of time, than not get it at all.

if you want more help, send me a PM

[fatlaz]

Alright stu, it seems all employers are fairly similar then. My HR department is, like yours, as much use as a banjo at a techno festival.

I hope you get it sorted out, at my end it tends to be them owing me money for 'overtime' I have worked, doing them a favour etc. booooooooooooooooooooooooooooooooooooooo!!!!

Hope all is well.

Ben

[Scubee]

You two are not the only ones with HR departments that don't know what they are doing. I spend my working life pointing out what they are doing wrong, and on a good day, they put it right

[Simon Lamb]

As far as I remember, you are fully entitled to negotiate a repayment scheme with them.

It was their mistake by the sounds of it, so you are within your rights to dictate (reasonable!) terms.


Same thing happened to me a few years ago, and I think I repayed 600 over 9 months? Summut like that.


S

[fatlaz]

Originally Posted by Scubee

You two are not the only ones with HR departments that don't know what they are doing. I spend my working life pointing out what they are doing wrong, and on a good day, they put it right

From some of my work chums stories you must rarely have a good day

[Scubee]

Originally Posted by fatlaz

From some of my work chums stories you must rarely have a good day

I love a challenge! There is somethign very satisfying about pointing out to an HR jobsworth that if they don't put it right when i ask them, they will have no choice but to put it right when an Employment tribunal orders it. You can hear them go pale over the phone

[gerbil]

I once left a job, only problem was they carried on paying me for 6 months, eventually they asked for it back, i said ok, they never got back in touch with me.........................i'm still waiting to pay them back 6 years later

[Scubee]

Originally Posted by gerbil

I once left a job, only problem was they carried on paying me for 6 months, eventually they asked for it back, i said ok, they never got back in touch with me.........................i'm still waiting to pay them back 6 years later

You might find yourself in the clear in a little while!

[gingerstu]

Just a quick update for those who have posted.

I do owe them the £144.52, I did receive it by mistake and now they are insisting to deduct it from my April salary. I have mentioned the living wage and that I cant afford to pay it back in one lump sum, their response was

"No our terms are we are obliged to deduct the overpayment over the same period in which it was paid to you, You were aware you received two lots of £144.52 as you notified us, i had no idea that this had happened and if i was aware of that fact then this would have been deducted in March as it should have been."

Does anyone have any concrete guidance on the living wage, the info on the interweb is a little vague. Currently im trying to get through to the Citizens Advice but not having much joy!

Cheers all.

Stuart