Hi caggers,

My wife's bosses are at it again.

This time they deducted a day pay to 6 employees and blamed a software error.

They said money would be in their account on 22/02, then Friday 24/02 and then Tuesday 27/02.

Today still no money in sight.

My wife and the others had enough and want to start a claim asap.

My question is: Do we have to follow the timeline of the pre action protocol in this case?

I mean, do we write a letter giving 30 days, then lba giving another 30 days and then start a mcol?

Or we can shorten these times considering that there will be 2 more paydays in the next 60 days?

I appreciate any input.

I think past experiences may be leading to an over reaction

For one day's money, "next payroll next month" would be thought reasonable if inconvenient by many. They are not saying they will not pay.

But if you would like to make a bad situation even worse,by all means....

If it can be proven that the lack of those funds has caused her to go into the red, have a DD returned unpaid etc then she can sue for her losses due to their (in)action but other than that adjusting her pay at the end of Mar is not unreasonable. If there is likely to be costs involved as outlined then she should tell her employer that they will be paying those but other than that wait and see what they do or say next

They go silent as usual, hoping that workers "forget".

This happens on a regular basis with workers on zero hours contract scared of not being given any more hours.

But my wife is a salaried staff and as they've messed her about for the past 10 years almost every month, she wants to send a strong message to them.

What they've done in the past with short wages is that they eventually pay the difference outside the payslip, avoiding national insurance contributions.

So do you think we should give them 14 days, than lba, then another 14 days?

Longer, shorter?

Thanks

They go silent as usual, hoping that workers "forget".

This happens on a regular basis with workers on zero hours contract scared of not being given any more hours.

But my wife is a salaried staff and as they've messed her about for the past 10 years almost every month, she wants to send a strong message to them.

What they've done in the past with short wages is that they eventually pay the difference outside the payslip, avoiding national insurance contributions.

So do you think we should give them 14 days, than lba, then another 14 days?

Longer, shorter?

Thanks

Outside the payslip? What does this mean? Does your OH receive a cash sum that equates to the gross error? The net error?

Outside the payslip? What does this mean? Does your OH receive a cash sum that equates to the gross error? The net error?

Yes, net.

Ok, so if it’s net then the appropriate contributions are being made, no?

I’m trying to get my head round this. If they deduct a days pay does that mean it doesn’t appear on the payslip? Or are the payslips correct but the money transfers wrong?

I think OP is suggesting the net "cash" payments made outside of the payslip (and hence outside of the payroll system) do not properly account for tax and NI deductions(!).

If it were me I'd be reconciling my wife's payslips plus "cash" payments against her annual P60. If I found a discrepancy, I'm not sure how I would approach it. Wouldn't sound like a good employer to me.

OP - are you happy your wife's NI contributions are being accounted for correctly?

Regarding the missing days pay - I'd be waiting longer before a LBA.

These cash payments are just that, cash in hand.

No ni contributions or tax.

These figures don't appear on payslips and the sum of all figures from payslips matches the p60.

So it's cash in hand work which saves them a few bobs in ni contributions.

Considering they do that to a large number of employees, they're saving lots.

General question... So how culpable are the employees if they don’t declare this?

I think OP is suggesting the net "cash" payments made outside of the payslip (and hence outside of the payroll system) do not properly account for tax and NI deductions(!).

 

 

If it were me I'd be reconciling my wife's payslips plus "cash" payments against her annual P60. If I found a discrepancy, I'm not sure how I would approach it. Wouldn't sound like a good employer to me.

 

 

OP - are you happy your wife's NI contributions are being accounted for correctly?

 

 

Regarding the missing days pay - I'd be waiting longer before a LBA.

If I found a discrepancy I’d be declaring it to HMRC to avoid any potential financial comeback against me in the future... and to ensure I’m paying what I should....

We have reported this to HMRC in the past, but being a few pounds per employee, they don't seem to be interested.

They said it's the employer responsibility.

In other words they passed the bucket.

We have reported this to HMRC in the past, but being a few pounds per employee, they don't seem to be interested.

They said it's the employer responsibility.

In other words they passed the bucket.

Well that’s good because you have evidence that you’re not part of a cash in hand [problem].

Situation developed further today.

Wife got a call from union branch chair and found that in our county hundreds of employees from different sites are in the same situation and union has called an ad hoc meeting with the general manager.

My wife suggested to submit individual grievances so they will waste hundreds of hours dealing with each one of the employees who haven't been paid and they would think twice in future before they do something similar.

A lot of these shortchanged employees are not in the union, so grievance is their only option.

My wife already submitted her grievance which so far has been ignored.

Lba to follow in 30 days unless they pay up.