Problems with Pay - Illegal deductions

[User457]

Hi All

I have a problem with my employer.

I was served a summons for Jury Service and had to attend court for 19 days. I was given a form for loss of earnings from the court which I gave to my employer. This for took over 2.5 weeks to come back and when I got it I believed the "daily net loss of earnings" figure my employer had entered was incorrect. I questioned this and this is where the problems began.

I spoke with our payroll dept who told me that the calculations where correct and basically they weren't intrested. At that point I was under the impression that my pay dates where from the 1st of the month to the last day of the month (paid monthly), and since my Jury service commenced on the 31st July I was told the case was likely to last 5 weeks I was expecting no payment whatsoever from my employer for the month of Aug.

I have since found out that there is a cut off date and that this was the 11th Aug of the month for the month in question.

Now, I would like someone on here if possible to, calculate my "daily net loss of earnings" from a salary of £24,480 and with a tax code of 9680.

If someone can do this and then, I can continue to explain how things have went since this point.

From what ive been told by my employer I shouldn't have gotten any pay from them at all in Aug ? The amount they have paid me they are now deducting ?

Can anyone help ?

[Amethyst]

Re: Problems with Pay - Illegal deductions

Are you paid £2040 before tax and NI each month ? £1,630.17 after ? or does it vary ?

Working 5 days a week ?

On a Salary (rather tha hourly / daily rate) it shouldn't matter really when your month ends and starts - you're normally paid in 12 equal amounts so the daily rate stays constant.

( £75.24 simply on https://www.thesalarycalculator.co.uk/salary.php )

[User457]

Re: Problems with Pay - Illegal deductions

Are you paid £2040 before tax and NI each month ? or does it vary ?

No same every month... £2040.17 to be exact !

[User457]

Re: Problems with Pay - Illegal deductions

Are you paid £2040 before tax and NI each month ? £1,630.17 after ? or does it vary ?

Working 5 days a week ?

On a Salary (rather tha hourly / daily rate) it shouldn't matter really when your month ends and starts - you're normally paid in 12 equal amounts so the daily rate stays constant.

( £75.24 simply on https://www.thesalarycalculator.co.uk/salary.php )

Agreed, I got it to be slightly less but that because of my pension contribution.... They have it as £63.08 ???

[ULA]

Re: Problems with Pay - Illegal deductions

Firstly can I also ask what your company's policy is on jury service. Also as you only did 19 days jury service did you get your normal pay for the rest of the month.

[Amethyst]

Re: Problems with Pay - Illegal deductions

They may have done 25 days per calendar month rather than 21 to work out the net daily rate ... ? [MENTION=51026]Ula[/MENTION] might know better what we're missing ( and my Maths brain isn't all that hot )

[User457]

Re: Problems with Pay - Illegal deductions

No moving forward.....

They calculated it at this rate because.....

The last working date for the month of Aug was the 11th Of Aug....

I wasn't present (due to Jury Service) for the wk comm 31/07 - 04/08 (38 hours as I worked half the day on Monday 31st)
wk comm 07/08 - 11/08 (42 hours my normal week)

They have deducted this amount from my AUg pay..... 80 hours @ £11.20..... No issues with this but if the form to reclaim is wrong then i'm losing out.

Too then compound matters I've now been told that this payment is to be paid back ?

Moving forward to Sept... they have then deducted another 76 hours @ £11.20 ( again correct as was on Jury Service) but also yet again the court payment won't cover this. if we take what I have been paid and add what the courts will pay me (19 days @ £63.08) I'm standing to lose around £300, if we then add the fact that I have to repay the Aug payment I stand to loase almost £1000 ?

I have tried for 2 months now to have this resolved only to be told that they are correct and that i'm wrong.

I have informed them that my next course of action is to involve acas and start the EC service if this matter isn't resolved by 6th Oct.

Have I missed something somewhere ?
Everything I see seems right to me ?

[Amethyst]

Re: Problems with Pay - Illegal deductions

If your employer doesn't top up your pay on Jury service and your daily net rate was at the £75.24 we calculated, then you'd only get £64.95 (max amount paid) for the first 10 days of JS and £75.24 for the next 9 days ( assuming over 4 hours a day ) from the loss of earnings system. So if you get 63.08 from Jury service over those 19 days 1198.52 - if you got what you think you should get it'd be 1326.66 so only £128 down in essence ( less that half day I guess). ( if that makes you feel a bit better - still down on what you'd have got had you not done Jury service mind you )
I don't know what your employer is saying you have to pay back if they already deducted it from your August pay though.

As [MENTION=51026]Ula[/MENTION] said, does your firm have a policy on Jury Service and pay - in your contract ?

[User457]

Re: Problems with Pay - Illegal deductions

If your employer doesn't top up your pay on Jury service and your daily net rate was at the £75.24 we calculated, then you'd only get £64.95 (max amount paid) for the first 10 days of JS and £75.24 for the next 9 days ( assuming over 4 hours a day ) from the loss of earnings system. So if you get 63.08 from Jury service over those 19 days 1198.52 - if you got what you think you should get it'd be 1326.66 so only £128 down in essence ( less that half day I guess). ( if that makes you feel a bit better - still down on what you'd have got had you not done Jury service mind you )
I don't know what your employer is saying you have to pay back if they already deducted it from your August pay though.

As @Ula said, does your firm have a policy on Jury Service and pay - in your contract ?

Hi all

My rate should have been £74.67 as I pay a pension contribution and this takes its down slightly from what you have calculated.

Im also in Scotland and the £64.95 limit only applies to the first 5 days here and I was aware of this and expected to lose £48.60 as my rate was higher.

with regards to my company policy, they do not top up the court payment again I'm happy with this.

i was paid for the rest of the month in Aug (Jul-Aug) payment but they want this paid back !!!

with regards to how they got my rate at 63.08 this is from the difference of what I got paid £987.03 - what I would normally get £1617.85 and they then divided this by the days I lost 10.... however the same rate then carries over into the sept payment (Aug-sept) where this is obviously wrong..... hope this makes sense !

[User457]

Re: Problems with Pay - Illegal deductions

Also, I found if this is how this is being calculated then if for instance I was to start jury service on the last week of a payroll month then the rate would be wrong and then if this case was to last say 5-6 weeks then the whole payment month that would have been paid by the courts at the wrong rate.

ie I start dury service on last week... so will will have 42 hours at £11.20 deducted so leaving £1010.84 net after tax... meaning using the same calculation the daily rate would be £121.40 ???

surely this is wrong ?

[ULA]

Re: Problems with Pay - Illegal deductions

Did you do jury service on 7 Aug as I understand that is a bank holiday in Scotland?

[ULA]

Re: Problems with Pay - Illegal deductions

Further questions on the 31 July did you do jury service in the afternoon and for how many hours?

[User457]

Re: Problems with Pay - Illegal deductions

Did you do jury service on 7 Aug as I understand that is a bank holiday in Scotland?

Yes we did.

[ULA]

Re: Problems with Pay - Illegal deductions

In answer to the first part of your query in your initial post I have used the web address give by [MENTION=6]Amethyst[/MENTION] to calculate that your monthly net salary per month is £1660.51. Since you are paid monthly this is the starting point. My figures do not factor in our pension contributions as I do not know how much they are.

There are two ways that your employer could calculated your date rate by an average of 4 weeks per month worked so 20 days and take the 1660.51 and divide by 20 = 83.03 less your pension contribution or they could have worked out the number of working days in each of July and Aug and divide accordingly. July has 21 working days making your day rate for the month 79.07 and Aug had 23 days so if you include the bank holiday as I am assuming you are paid for bank holidays therefore the day rate for Aug is 72.20 both of these figures should be reduced by your pension contribution.

Does this seem correct so far?

[User457]

Re: Problems with Pay - Illegal deductions

Yes, carried out for 4 hours.