MegaSack DRAW - This year's winner is user - rgwb
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My partner is on Maternity leave at the moment. She requested holiday pay at the end of September which was included in her September pay. The payroll clerk where she works included a note to say that mrs Admiralable had been overpaid and that they would sort it out when she goes back to work. This month she has had her payslip through with a letter saying that the overpayment has been sorted out this month. She's not gone back to work yet so it leaves her with just over £200 rather than the full SMP that we were expecting to receive. Now Mrs Admiralable is due to go back to work next month but with the amount she has been paid it means now we can't afford to pay for childcare or petrol for the car for her to get into work. So now we're paniced (sp) and have no idea what to do now. My wages at the moment are covering rent, council tax and the payments for the car. Her's covered food, petrol and child care. Can they actually send a letter stating one thing then do the exact oposite and then send another letter?
Any advice on saving some money on an already tight budget would be good before I resort to selling my laptop and bikes
what do the employer say?
if there's 'hardship' they may well offer an advance against next months salary?
IIRC - They cannot deduct money from your wage packet without your consent.
How much was she overpaid by? Over how long? What sort of company? They should not leave you in a poor finacial position as a result of their mistakes
One for the CAB I guess. Or union if you have one
Look here:
And here:
Employers cannot deduct anything other than tax, NI or court demanded payments unless the employee agrees to them
I'm assuming you are not disputing the overpayment?
If she has been overpaid then the company is entitled to rectify the situation by deducting it from future payments.
Granted, telling you one thing then doing another is poor form but not illegal.
I suspect their arguement would be; she's had the money she is entitled to, if you have chosen to spend it rather than save it until it is rectified then that I'm afraid is your choice.
Its in most contracts of employment that they can rectify payroll mistakes, therefore circumnavigating the legal argument that TJ correctly pointed out. Its immoral when applied as such but not illegal.
I suspect it is not how the legislation was meant to be enforced (although part of me believes that loopholes are deliberately left in law so that corporate lawyers can drive buses through them).
Of course if they are actually a decent employer, they may do the right thing after a friendly word, you have had a friendly word with them haven't you?