Hello, I was paid last Tuesday but I didn't receive my correct wages. I have spoken to my boss and he agrees that I should have got more, he spoke to Payroll yesterday and said he will let me know what they say I have waited all day and he still hasn't contacted me, he did tell me they have a special way of getting what I am owed quickly but they don't like doing it. Are they allowed to keep my wages until next pay date?
Paid incorrectly
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Re: Paid incorrectly
Hi and welcome
At our place it is only if the underpayment is a significant sum that a BACS payment will, reluctantly, be considered.
It amazes me that where there has been an underpayment people want instant payments yet scream like holy hell if the employer asks for the same when an overpayment happens.
Mistakes do happen, can you manage until your next pay date?
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Re: Paid incorrectly
I know the feeling of overpayment it happened not so long ago with my other employer. No I can't wait until next pay date as I have had 3 weeks off due to having surgery on my hand, my other job I am not getting ssp it is only this job I will be paid ssp so it has left me severely short this month.
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Re: Paid incorrectly
Again, at my place, if it were explained confidentially that failure to pay would leave the staff member in hardship (particularly as they will know you have only received SSP so are on the back foot to start with) that may well tip the balance in favour of the staff member.
It is a toughie, the reality is,, though, that it will almost certainly have been resolved long before any more formal action concludes and the latter is likely in many cases to be a beginning of a parting of the ways whatever the rights and wrongs of it.
I'd be pestering your line manager if they agree an underpayment.
Are you weekly paid or monthly? How much do you calculate the underpayment to be?
Good luck with it anyhow.
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Re: Paid incorrectly
If by you playing nice they will not do a payment Direct into your account then technically they are in Breach of your contract of emp0loyment. They are also in breach of section 13 Employment Rights Act 1996 unlawful deduction of wages
If i were you i would ask your boss to advance you a loan if they are unable to make an adjustment until your next wage cycle.
The issue being is that by going through grievance etc as already pointed out will be a waste of time. I would tell your boss you have direct debits due and you will be forced to pass on any bounced direct debit fees onto the company as it is not your fault
Another thing to consider is by kicking up a stink if you have less than 2 years service might backfire on you.
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Re: Paid incorrectly
Sorry but am a little lost here - you say your owed £150 for 3 weeks sick pay, yet to qualify for statutory sick pay the minimum you must be earning per week must be £112 (before tax deductions). Or is this a company sick pay scheme operated by your employer?
Also your not entitled to the statutory sick pay for the first 3 days (including non working days) of sick leave. So if you work part time, this may explain why your employer is saying 2 weeks when you believe it should be 3 weeks even though you said yourself you only been off sick for 3 weeks.
If you can tell us how many hours and days a week you work and what your earnings are per week, then that would help us to work out things out!Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
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