Wages Issue from D.C.A I work for...

[pda123]

Hello all, this is my first post here.

 

Firstly, I work for Wescot Credit Services ( please don't yell at me, I'm not one of the bad mean ones!! )

 

Okay, basically here's what's happened to me :

 

I put my request to reduce my hours from full-time to part-time in June 08, actually reducing my hours in August. This was well more than the one month required.

 

This was agreed and all was fine, in August I receive a wage which had lots of different elements (part-time, full time, overtime, bonus etc) so I assumed it was fine, seemed about right with my calculations. Thought all was fine.

 

Then in September I received my pay and it was a full month! I took it to my TL ( the honest soul that I am especially when I was being urged to keep my mouth shut and keep taking the full time pay!) Anyways, it was established that I was still, for some reason, on full time hours at payroll.

 

I've now been told that I need to pay back overpayments, I obviously didn't deserve this September's pay so I have kept £400 aside ( roughly how much I presume I'm due them) so I've no issue paying that.

 

However, my main complaints are these:

 

I've not been issued revised payslips - been told it's "too much hassle" surely that's not right?!?!

 

I've been told if i don't pay back full sum, which is over £600, they are taking it out my Oct's wage

 

Also, they've reduced my bonus (which is performance earned might I add!!)

 

I'm pretty upset at this. I don't mind paying that £400 in one go, IF I receive revised pay slips + explanation of how this was worked out. However, I'm a student and I honestly can't afford the remainder of the payment in one go. :(:(

 

I'm pretty angry as I did everything by the book and this IS NOT MY MISTAKE!!!

 

please, any advice on where I stand would be greatly appreciated.

 

thankies

[Jimbo44]

Hi

 

Perhaps not unsurprisingly, what your employer (knowing who it is) wants to do is not one of the options open to him! There are specific rules governing the repayment of overpaid wages which say, amongst other things, the employer must act reasonably and stage repayment over a period of time agreed with the employee.

 

Maybe either have a word with your union rep (if there is such a person) or speak to ACAS via their Helpline (08457 474747 and open from 8.00 am to 6.00 pm Monday to Friday) who will be able to advise you on your specific case. They will be able to advise about your missing payslip(s) and possibly your bonus issues too.

 

Best of luck!

[pda123]

Hello, thanks for the advice

 

Yes, I probably shouldn't have put their name here, however, I feel it's only fair to show who I'm dealing with!!

 

Yeah, I'm just worried that my wage will come through next week with nothing there. I've read that they can deduct as long as it doesn't lower the national min wage or something as such. Ach!

 

Well, I will speak to them and demand my payslips, I'm enraged these are being with held!

 

ps - Union... don't be crazy, they have no union!!

[postggj]

hi pda

 

i can tell you that your employer cant touch your wages with out your say so

its the law

 

a few years ago we had an audit

i was over paid allowances of 260 quid.

 

they wanted me to agree 20 pound per week to repay, i refused and agreed one pound per week.

 

point being, they cant touch your wages with out your agreement

[ScarletPimpernel]

hi pda

 

i can tell you that your employer cant touch your wages with out your say so

its the law

 

 

 

Since when has the law bothered a DCA? Although it must be said that many employers seem to think that they can do what they like.

 

The advice above is good. In addition, I'd suggest asking ACAS to point you towards a reference to the exact part of the law that covers deductions. Then, write a letter to the employer, including the relevant paragraphs, so that your position is clear, and there is documentary evidence, just in case they still don't understand.

[Mrs_Ryan]

hi pda

 

i can tell you that your employer cant touch your wages with out your say so

its the law

 

a few years ago we had an audit

i was over paid allowances of 260 quid.

 

they wanted me to agree 20 pound per week to repay, i refused and agreed one pound per week.

 

point being, they cant touch your wages with out your agreement

 

thats really interesting postggj, my OH was overpaid allowances from RM and they told them the only option he had was to pay back 48 quid a week and even if he refused they would just take it out his wages anyway despite the fact they knew he couldnt afford it.... did they just take the pound a week?

[elche]

point being, they cant touch your wages with out your agreement

 

Sorry,

 

This is incorrect.

 

There is statutory right in section 13 of ERA not to suffer unlawful deduction from wages, BUT the ERA at s.14(1) makes it clear that an employer may recover an overpayment of wages from subsequent wages. Nothing needs to have been signed by the employee, and the employer is free to deduct in such sums as they see fit; and yes, I know this seems unfair.

 

An employee would have defence of 'change of position'. If acting upon their overpayment in good faith you have indeed changed your position e.g. put a deposit down on a new car.

 

I think the change of position argument is merely a reflection of the equitable defence of estoppel.

 

Obvioulsy good practice would be for your employer to meet with you and negotiate an affordable repayment plan.

 

Surely a DCA would only ever follow good practice .....................?

[postggj]

mrs ryan

i can confirm its correct

 

ime still paying £1 per week two years on

[elche]

postgg

 

I do not for one minute doubt the truthfulness of your post, and i am sure you are indeed paying back £1.00 per week.

 

Let's go back to basics and look at a quote from the ERA 1996, regarding the statutory protection afforded to an employee's wages:

 

Employment Rights Act 1996

 

S 13 Right not to suffer unauthorised deductions

(1) An employer shall not make a deduction from wages of a worker employed by him unless—

(a) the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or

(b) the worker has previously signified in writing his agreement or consent to the making of the deduction.

 

S 14 Excepted deductions

(1) Section 13 does not apply to a deduction from a worker’s wages made by his employer where the purpose of the deduction is the reimbursement of the employer in respect of—

(a) an overpayment of wages, or

(b) an overpayment in respect of expenses incurred by the worker in carrying out his employment,

made (for any reason) by the employer to the worker.

 

You don't have to be legally trained to interpret the meaning of the words in bold. Baring the exceptions for retail workers or workers that handle cash an employer can (subject to the defence of estoppel) recoup overpaid wages from your salary in amounts and rates that they see fit.

 

Obvioulsy good practice would be to negotiate a repayment plan with the employee and you should try and negotaite this with your employer.

Edited October 24, 2008 by elche

[postggj]

hi elche

 

i put the matter with me to our union rep after i kicked up a stink, after all, it was my employer at fault.

i was just given a form to sign authorising £1 per week deduction

 

ime happy with that

after all, thats what the rep is for

[elche]

after all, thats what the rep is for

 

Could not agree more.

 

Glad to here that for once the rep has done a good job for you.

 

I was merely pointing out that 'they can'. Obviously many employers choose not to use this statutory provision in a draconian way, as all it does is annoy employees.

 

However that said, a DCA may be prepared to be ........ emmm how to put this!

 

Sometimes, silence speaks more than words could