Tweet
Hi.
This is a complex issue and I am hoping someone can sign post any law relevant to it.
I was employed from 4-8/23, went sick on 17/8/23 and was on SSP up to leaving on 18/10/23, except for 4.5 hours worked on 1/9/23.
Pay is on 1st of the month. My line manager had a sick note before Pay Cut off taking me past the end of that pay period.
On 1/9/23 I was paid gross £1570 ish, Net £1402, what Universal Credit used on my claim.
On 1/10/23, they took back the unworked hours, paid what SSP was due but then again paid me from pay Cut Off until the end of the pay period. Net Pay £270 ish.
On 1/11/23, I got a Nil pay slip, due to them taking back unworked hours what exceeded what SSP was due, and in fact they claimed an overpayment of £107
On 1/12/23, they noticed an overpayment of hours worked, replaced it with SSP and paid my holiday pay, taking off the brought forward overpayment, so £140 Net
They then presented me with a letter to give Universal Credit saying what I should have had each month if they had not advance paid me and took it back, but also said I owed them £436, detailing dates in the period I was paid on 1/9/23 for.. They say I was due £414, £590 and then £566.
This has left me out of pocket. As a single parent, I should have had a work allowance on my UC claim so the first £379 of my SSP in October and November should not have counted.
However, the September pay slip has resulted in UC deducting about £550 off me, and also I lost a lot of Council Tax Reduction.
Tax has sorted out as I had to do a Self Assessment. but I am also down on the NI paid in September on money that was never due to me.
In December HMRC told me that as the "Advance Pay" never became due, there was a requirement to re do the pay slips as Tax and NI did not Self Correct. They even told me how to do it, so that the difference between what I was paid and what was due on 1/9/23 could be treated as a loan (so No Tax or NI), and then it being repaid on the months where I was under paid.
I now have an Employment Tribunal date to try to force them to do this, but HMRC will not tell me the regulation for this.
During the ACAP process, they also noticed that in fact they had underpaid me, what was processed on 1/3/24.
The wage details they have filed now match the Gross amounts I am due, but I am still down UC, NI and Council Tax Reduction.
Is there any legal redress for this as I have been short of money from 1/11/23 up to when wages due was paid on 1/3/24.
Another issue with this, is that my wage slips did not have the dates I was paid for on them. My contract had a start date of 7/8/23 but a few hours later I was asked to start on the 4th instead, and it would appear they did not pay me for them 3 days. I have evidence to prove I did work them days in the form of messages to and from my line manager who asked me to do shifts, and a "well done today" message after 1 of the shifts.
This is a complex issue and I am hoping someone can sign post any law relevant to it.
I was employed from 4-8/23, went sick on 17/8/23 and was on SSP up to leaving on 18/10/23, except for 4.5 hours worked on 1/9/23.
Pay is on 1st of the month. My line manager had a sick note before Pay Cut off taking me past the end of that pay period.
On 1/9/23 I was paid gross £1570 ish, Net £1402, what Universal Credit used on my claim.
On 1/10/23, they took back the unworked hours, paid what SSP was due but then again paid me from pay Cut Off until the end of the pay period. Net Pay £270 ish.
On 1/11/23, I got a Nil pay slip, due to them taking back unworked hours what exceeded what SSP was due, and in fact they claimed an overpayment of £107
On 1/12/23, they noticed an overpayment of hours worked, replaced it with SSP and paid my holiday pay, taking off the brought forward overpayment, so £140 Net
They then presented me with a letter to give Universal Credit saying what I should have had each month if they had not advance paid me and took it back, but also said I owed them £436, detailing dates in the period I was paid on 1/9/23 for.. They say I was due £414, £590 and then £566.
This has left me out of pocket. As a single parent, I should have had a work allowance on my UC claim so the first £379 of my SSP in October and November should not have counted.
However, the September pay slip has resulted in UC deducting about £550 off me, and also I lost a lot of Council Tax Reduction.
Tax has sorted out as I had to do a Self Assessment. but I am also down on the NI paid in September on money that was never due to me.
In December HMRC told me that as the "Advance Pay" never became due, there was a requirement to re do the pay slips as Tax and NI did not Self Correct. They even told me how to do it, so that the difference between what I was paid and what was due on 1/9/23 could be treated as a loan (so No Tax or NI), and then it being repaid on the months where I was under paid.
I now have an Employment Tribunal date to try to force them to do this, but HMRC will not tell me the regulation for this.
During the ACAP process, they also noticed that in fact they had underpaid me, what was processed on 1/3/24.
The wage details they have filed now match the Gross amounts I am due, but I am still down UC, NI and Council Tax Reduction.
Is there any legal redress for this as I have been short of money from 1/11/23 up to when wages due was paid on 1/3/24.
Another issue with this, is that my wage slips did not have the dates I was paid for on them. My contract had a start date of 7/8/23 but a few hours later I was asked to start on the 4th instead, and it would appear they did not pay me for them 3 days. I have evidence to prove I did work them days in the form of messages to and from my line manager who asked me to do shifts, and a "well done today" message after 1 of the shifts.
Comment