Problem re recovery of employer loan

[megan2005]

Hello,

 

I work for an insurance company that is owned by a Bank. I have recently, on the 22nd September received a letter from the HR section to advise that a season ticket loan I took out in 2005 remains unpaid. The letter implied I was in breach of my code of Conduct and gave 10-days to repay.

 

Since transpires this was a bank (my employer) problem and there was a number of accounts where they have not collected the money or set up mandates.

 

I contacted the team running the matter on the Monday as I receivd the post on the Saturday. I highlighed my concerns regarding the tone of their letter and advised I would make enquiries with myBank.

 

Long story but wrote to my bank, they waited a few days said I would need to apply for copy statements at £5 per statement. I then contacted the woman dealing with recovery of the money, she sent me the printouts they had but to be honest I want to check with my bank first that I have not paid this. I contacted my bank on the 8.10.07, after i had received these printouts. Bank confirmed on the 10.10.07 they had received my request and would process this.

 

Yesterday I received another email from my employers. She had cc'd a Supervisor in who was no longer my supervisor and told me we should have soted out this matter by the end of september (they wrote to me on the 20.9.07, I got this on the 22nd which was a SAturday !).

 

I have again complained that they are bullying me like this and also that they are involving people who are in no way related to this. My own department manager is supportive and has agreed to escalate this with his own manager.

 

Just wondered if you could give me any advice regarding what my rights are. I realise that I have to repay the money if I have not paid this but I am not paying anything back until I have satisfied myself I owe the money.

 

The woman contacting me is rude and aggressive, If they treat staff like this I hate to think how they treat members of the public ! Think I should raise a greivance against her personally ?

 

Not sure if you can help but nice to get off my chest.

[poppynurse]

I would put in writing that you need time to verify that the money is still outstanding as you were under the impression thay it had been paid, assure them that you will enter into a repayment agreement when you have had confirmation from your bank that the funds have not already been paid, point out that it was their mistake.

You don't need statements from your bank just a printout of activity.

[megan2005]

I contacted the girl chasing the money initially and told her what I was doing. I just feel she is really unreasonable. She keeps refering to the code of conduct which says you should manage your finacial affairs, so by not checking that every direct debit I have on my account is being paid she has said I am in breach of this. Just feel she is using this to bully me into agreeing a repayment plan. My main problem is not the loan, if I owe it I will pay it. My concern is how this is being chased for what was their problem.

[poppynurse]

Are you in a union? They may be able to support you. Or trying going up to the girl's manager and explaining the situation.

[megan2005]

Thanks for replying poppynurse. ... We don't have a union at work, which is not good. I think I will have to do what you suggest and approach her supervisor. Thanks again.

[cal37]

Well you are entiltled to dignity in the workplace part or this policy will be that employees are entitled:

 

To be treated with dignity, respect and courtesy.

 

 

To a workplace free from bullying, harassment or victimisation.

 

 

To experience no form of discrimination.

 

 

To be valued for their skills and abilities.

 

 

 

Speak to her manager and mention your right to free from harassment, if that fails then put your concerns in writing as a grievance. They then must hold a meeting within 28 days.

[megan2005]

Cal, that is great. I am back in work today so will do this as soon as I get in ! Thank you.

[cal37]

Your welcome

[megan2005]

Hello,

Transpires the girl chasing me actually works in HR. I emailed her on Monday (cc'd in her Manager, her Managers Manager and My Manager) I told her where I was at with my enquries.

I then went on to say I felt I was being bullied / harrassed when I was doing all I could to look into the matter. I went on to say as she worked in HR I presume she was familiar with section of the Code of Conduct 'dignity at work'. Furthermore I said I intended to speak to my Manager on his return from annual leave to decide whether to escalate this!

This worked a treat. She has just said she will wait to hear from me when I get the statements. No more chasers/ snotty emails ... I can actually get on with my job without being wound up each time I received an email in my in box.

Thank you Cal.

[Mike8]

Hi megan,

I work in the compliance section of a financial institution who also have a Bank, and read through your issues with them and HR.

 

I hope you don't mind me adding some comments here that should help you, or some questions that your Manager could ask for you.

 

Why, if the loan was started in 2005 was the failure of payments / direct debits not discovered before now by the finance section?

As accounts are audited on an annual basis - who signed off on the 'up to date' records regarding season ticket loans?

Has the (finance) department recorded a 'breach notification' relating to the failure to identify that outstanding payments had not been received? - - probably from others not jusy you.

Has finance notified the compliance department of their failure?

If it has taken them more than a year to identify an internal failure, they cannot expect anyone to repay within 10 days.

Do you have 'telephone' banking, where you can discuss your account direct debits with someone over the phone?

 

Regarding a Respect & Dignity policy - normally if an employee raises an action under this type of policy - HR are normally required to 'acknowledge' the receipt within 48 hours, and discuss with the individual the 'complaint' within 5 days - just to establish what the grounds are.

This should be covered under 'What action we will take' - by the Firm / HR

 

Hope this is of help to you.

Regards

Mike8

[megan2005]

Mike, Would they be obliged to tell me the information you suggested asking for ? When they first contacted me I asked why it had taken so long to notify me and whether other employees had the same problem. The girl chasing implied it was an error on my part and for some reason I had canelled the dd (which I hadn't). It was only after speaking to colleagues I discovered other people had the same problem. I complained about the wording of the original letter and was basically told ' It is a standard letter drafted by the audit team (who I think discovered the problem)' regarding other people it effected I was told she could not discuss other peoples issues because of DPA ... basically she did everything to try and blame me ... not admit it was a 'bank' problem which I presumed was so as to put pressure on so I would pay and sort out sooner rather than later.

I have heard nothing at all regarding my reference to Dignity at work. My Dept Manager is back next week so I will speak to him regarding whether to take this any further. If I am honets I would rather not as I am busy enough as it is but I feel she, and to some extent the bank, should not simply get away with it.

My own bank only hold records for 6-months for Telephone and branhc banking. They have told me anything older and I have to get copy statements.

[Mike8]

Hi Megan,

It was probably discovered by Internal Audit - who have a duty to review accounts annually under FSA / regulated Firm's internal procedures.

They probably won't own up to a failure in an email direct to you.

I would suggest that your Manager requests the 'information' on your behalf, when he returns, as part of a possible 'respect & dignity'

complaint. If you don't have a copy of the R&D policy, it should be held on the firms 'intranet' or available on request from your HR department.

Hope you get sorted - but don't allow them to railroad you (and others) for something that was not your fault.

Regards

Mike8

[shywazz]

Just a point. Under the data protection act, no information relating to yourself can be discussed to another employee/person, regardless of its content. For this HR women to be discussing your account with any1 else contravines this data protection act.

Office of Public Sector Information

[Lula]

i would further suggest that all of you who are affected by this send the same sort of complaining and equiring emails to HR / Managers etc, it is a disgrace, sounds like they are trying to cover up a cock up. Dont let them bully you!! and Mike8 is giving very good advice as far as I can tell

[paulgmb]

Hi Megan,

 

you seem to have some great advise above, so all I will add is that an employer cannot make any deductions from your pay (with the exception of tax, N.I and any court orders) without your authority, so even if they do prove that you do still owe them this money they will have to agree a repayment schedule with you.

 

If there is not currently a Trade Union at your workplace, consider joining one, its your legal right to do so. Details of all affiliated Unions are at Trades Union Congress - TUC - Britain at work

 

Regards,

 

Paul

[megan2005]

Thank you everyone for your advice on this. It is all really helpful