Payment deductions

[b&wcat]

Hi, I got a change of contract when our review came in in 2012 from 24 hours to 27.5 hours, as did about 5 others. How ever as the manager didn't press the "right buttons" we were paid the extra 3.5 hours in overtime for months, unfortunately I went of on sick leave 4 months after the review and the new contractual hours were supposed to begin. I was still paid the new hours but still as overtime. Then shortly after coming back I was paid £-199 with an adjustment of over £400. Five weeks ago I started getting docked £24 every week to claim back a loan! Of which I found out while off on sick I wasn't allowed to claim overtime. This I accept but it wasn't overtime it was my new contract hours I was being paid while sick. Now my new manager is telling me that there maybe nothing he can do. What can I do as I'm now already £120 down paying back a loan I didn't have or ask for! Help please

[Pinky 1]

Your first port of call has got to be your rep. There must be something in writing somewhere regarding the new contracts that came out of your revision, and your rep would have co-signed these with the then manager. He will have a copy of the agreement.

[UnhappyGremlin]

Basically, your manager has f****d up royally, and rather than take the blame and admit their mistake, they have decided you can suffer.
Get the Rep to sort it. If necessary, Area Rep.

[fishtank]

We do actually have an agreed overpayment recovery procedure.

http://www.royalmailchat.co.uk/communit ... 84&start=0" onclick="window.open(this.href);return false;

I find it hard to believe Royal Mail would just ignore it.

[b&wcat]

Reading the PDF in the last reply apparently I should have been notified that it appeared to be an overpayment and I should have had a meeting to discuss it and what amount I was able to pay back weekly. None of this happened, I just by chance opened one of my pay slips to see there was a deduction, phoned HR to find out what it was about only then did they tell me it was an overpayment!

[arnold cheshire]

Hi, I got a change of contract when our review came in in 2012 from 24 hours to 27.5 hours, as did about 5 others. How ever as the manager didn't press the "right buttons" we were paid the extra 3.5 hours in overtime for months, unfortunately I went of on sick leave 4 months after the review and the new contractual hours were supposed to begin. I was still paid the new hours but still as overtime. Then shortly after coming back I was paid £-199 with an adjustment of over £400. Five weeks ago I started getting docked £24 every week to claim back a loan! Of which I found out while off on sick I wasn't allowed to claim overtime. This I accept but it wasn't overtime it was my new contract hours I was being paid while sick. Now my new manager is telling me that there maybe nothing he can do. What can I do as I'm now already £120 down paying back a loan I didn't have or ask for! Help please

surely the dom should know better than paying you overtime when off sick .

[UnhappyGremlin]

We do actually have an agreed overpayment recovery procedure.

http://www.royalmailchat.co.uk/communit ... 84&start=0" onclick="window.open(this.href);return false;

I find it hard to believe Royal Mail would just ignore it.

They tried it on with me, and when I mentioned this agreement the manager didn't seem to know of its existence.
Until I produced it and shoved it under their nose.

[arnold cheshire]

We do actually have an agreed overpayment recovery procedure.

http://www.royalmailchat.co.uk/communit ... 84&start=0" onclick="window.open(this.href);return false;

I find it hard to believe Royal Mail would just ignore it.

They tried it on with me, and when I mentioned this agreement the manager didn't seem to know of its existence.
Until I produced it and shoved it under their nose.

rubbish

[UnhappyGremlin]

We do actually have an agreed overpayment recovery procedure.

http://www.royalmailchat.co.uk/communit ... 84&start=0" onclick="window.open(this.href);return false;

I find it hard to believe Royal Mail would just ignore it.

They tried it on with me, and when I mentioned this agreement the manager didn't seem to know of its existence.
Until I produced it and shoved it under their nose.

rubbish

And you know that how?
It was a recent Uni Grad who had been in the post less than a month.
Before opening your gob about something you have zero knowledge, try thinking first, if that's possible.
And as I've told you before, go annoy and troll someone else.
Your opinions are irrelevant to me.

[arnold cheshire]

We do actually have an agreed overpayment recovery procedure.

http://www.royalmailchat.co.uk/communit ... 84&start=0" onclick="window.open(this.href);return false;

I find it hard to believe Royal Mail would just ignore it.

They tried it on with me, and when I mentioned this agreement the manager didn't seem to know of its existence.
Until I produced it and shoved it under their nose.

rubbish

And you know that how?
It was a recent Uni Grad who had been in the post less than a month.
Before opening your gob about something you have zero knowledge, try thinking first, if that's possible.
And as I've told you before, go annoy and troll someone else.
Your opinions are irrelevant to me.

they sent me a letter gremlin when i was overpaid driving allowance you can agree to pay back min 5 pound a week . whats this troll business gremlin i did have you on ignore because your full of it

[arnold cheshire]

We do actually have an agreed overpayment recovery procedure.

http://www.royalmailchat.co.uk/communit ... 84&start=0" onclick="window.open(this.href);return false;

I find it hard to believe Royal Mail would just ignore it.

They tried it on with me, and when I mentioned this agreement the manager didn't seem to know of its existence.
Until I produced it and shoved it under their nose.

rubbish

And you know that how?
It was a recent Uni Grad who had been in the post less than a month.
Before opening your gob about something you have zero knowledge, try thinking first, if that's possible.
And as I've told you before, go annoy and troll someone else.
Your opinions are irrelevant to me.

you think a privatised rm could just dump us all on min wage ? if so they would have done it . they would have to give a new contract involving redundancy and that doesnt bother me as ive done 24 years

[fishtank]

redundancy and that doesnt bother me as ive done 24 years

It will if MTSF goes and 24 years could be worth between 24 and 36 weeks pay.

[b&wcat]

Still deducting and manager is of no use.. Brown nosing, where do I go from here? Any ideas? Union rep isn't interested manager claiming he's trying but doesn't hold up much hope (doesn't want to rock the boat as he's been a silly boy in the past) any help would be accepted.

[Mr_Pink]

I had a similar thing, got paid someone else's O/T (similar name) my line manager said RM can't take back the money unauthorised, and I had to agree to a set amount, of my choosing, to be deducted each week.

[Jynxx]

Not sure if this will be any help.

http://www.shoosmiths.co.uk/client-reso ... -3973.aspx" onclick="window.open(this.href);return false;

Employees and workers are protected from unlawful deductions of wages by section 13 of the Employment Rights Act 1996 (the Act) which prevents employers making deductions unless these are:

required/authorised by statute,
permitted by a provision of the employment contract, or
where prior consent has been received from the employee.

Things to consider

Whilst a deduction may be lawful by virtue section 14, employers should exercise caution in relation to the manner in which the deduction is implemented. Although the law imposes no limit in respect of the amount that is to be deducted from any single payment of wages, an overly hasty recovery process, particularly where the amount concerned is significant, could lead to problems.

The employer who fails to acknowledge a mistake and simply proceeds to rely on section 14 to recover without giving notice to the employee could be a breach of the implied term of trust and confidence (entitling the employee to resign and claim constructive dismissal).

An employer should seek to agree the repayment over a period of time and give the individual enough notice to make appropriate arrangements to prepare for the deductions to be made. Employers should not apply a deduction that leaves an individual with insufficient funds for them to be able to satisfy their financial commitments.

Employers should note that this route should not be used to make variations in salary as part of a cost savings exercise. Any unilateral variation in salary by an employer is likely to result in claims for unlawful deductions and/or constructive unfair dismissal.

http://www.co-operative.coop/legalservi ... rom-wages/" onclick="window.open(this.href);return false;

What is an unlawful deduction?

This is when an employer deducts from the employee’s wages without agreement, or statutory authorisation. Agreement can be contractual, or obtained just before the deduction is to take place.

Not sure if it's any help looks like they "may" be taking it out unlawfully for not making you aware you have been overpaid and not notifying you about it, nor making an agreement with yourself to agree to repayment (putting the how on earth did you claim overtime for 4 months without signing for it etc) can you get anyone else who is being paid in this way due to the management cock up to admit to it and put it into writing?
You may be able to take them to an industrial tribunal regarding it, the union "should" be supporting you in this respect and help toward funding taking it to an idustrial tribunal. (i think so anyways why you pay your fee's)

http://www.redmans.co.uk/uncategorized/ ... uick-guide" onclick="window.open(this.href);return false;

You have a number of options:

Do nothing
Negotiate with your employer
Make a claim to the Employment Tribunal to remedy the unlawful deduction from your wages

If your employer has deducted money from your wages without your consent (and not due to a contractual or statutory obligation) then you may be able to resign (should you wish to do so) and claim for constructive unfair dismissal and breach of contract. If the deduction is because of a protected characteristic that you possess (i.e. because of the colour of your skin or the fact that you’ve just returned from maternity leave) then you can also potentially claim discrimination under the Equality Act 2010.

Hope that makes some sense (and is correct) and helps!

(P.S talking to management sometimes dosen't get you anywhere, I once patiently talked to management about a problem over a 3 month period and got nowhere (over pay), then i put it into writing explaining in a polite manner if something wasn't done I would take them to an industrial tribunal, week following problem sorted)