Wages problems Employer said pay office set up wrong details

[Dorian]

Hello

 

I recently came across to a problem related to my wages.

I am going through similar situation this is why i am doing a research.

Ok here is my problem.

 

I started working for the company on 2nd Decembre 2009. At the begining when the management asked me for my bank details i gave my fathers Lloyds Tsb account details. I got payed for the month of Decembre and January straight away on the account. But the problem occured when i gave the duty manager a new account (sort code and account number) that i had recently opened in Halifax. I was looking forward for 19 February which were pay day! When i went to the ATM, on the 19 february 2010. There were no money on the account, then i tought the money could have been deposited into Lloyds but it wasnt there either.

 

In the next morning i went to work, spoke to the management that wages were not been deposited yet, and they said they would phone to the payroller but first they asked me to provide details for both account

(to make sure if the money hasnt gone through).

 

I provided them with all the information from both bank account, (either lloyds tsb and halifax), show them the bank statement, all the transaction, etc.

 

After 2 days, they told me they had called the payroller, they explained me that there was a mistake on typing one digit on the computer (payroller mistake) and the wages (£691,76) were fluctuating somewhere in the server. They advice me that i would be payed early this week and that i needed to wait until the end of the week (this is what management said), but i believe the money has gone through someone elses's account, this is what i am afraid of.

 

Now i am hopeless, yesterday, i tryed to speak to another member of management and he said he wasnt on to it. Today i will insist because today is wednesday and wages are not in the account yet.

 

On the 19 of March its another payment day, If i am not get paped until then i will go to citizen advice and file a report.

 

What steps now i should take to sort this problem out. It seems a smaller issue but as time goes by i am becoming more and more worried and i have my rent to pay.

[loopinlouie]

Dorian Ive asked for your post to be put in better place by admin team to get most responses. They should do that for you soon. Just this thread is quite old xxx

[MARTIN3030]

Thread moved here-please keep your posts together.

Someone should be along to help you soon.

[honeybee13]

Hello there, I'm sorry this has happened to you. Hopefully, someone will be along who is up to date on payroll rules, but this sounds unacceptable to me.

 

I wouldn't worry about the payment being in someone else's account. For one thing, it's not your fault if you gave your employer the right details and they input it wrong. If I receive unexpected money into my account, I am supposed to report it and am not entitled to the money. This could be the bank's problem.

 

It could be that this money is stuck in the system somewhere because the account number and name don't match and the money can't be allocated, but that's not your fault.

 

Caggers, is there any reason why Dorian's employer shouldn't issue a cheque asap? Also, I understand they are responsible for any charges incurred if wages are paid late and it's the employer's fault.

 

Dorian, I think a visit to the CAB would be a good idea, but hopefully some replies will turn up here as well.

 

My best.

[elpulpo]

Hi Dorian. You need to write a letter to your manager, expressing your concern that you still haven't been paid.

Politely but firmly state that you require this matter to be resolved ASAP, as you have bills to pay and will soon incur charges if the money doesn't enter your account.

Best not to go 'off on one', given that you've not worked there very long.

As Honeybee suggested, ask if they can provide you with a cheque.

[citizenB]

I am sure someone with payroll knowledge will be along soon.

 

I dont see why your payroll department cant issue a cheque for the money that appears to be floating around in the system. Afer all it is their error.

 

Make that suggestion to them tomorrow.

 

Do they now have the correct details ?

[cerberusalert]

A similar thing happened to me and when I contacted my bank about it they said that it would have either been paid into someone else's a/c because of the digit error or a 'special' a/c where monies with the wrong BAC details are diverted to, either way they could recoup the monies... it was credited to my a/c within 24 hrs.

[Dorian]

Hello,

 

Yes, it is not my fault. The manager, at least, admitted payroll gross mistake on tyiping the account digit.

 

Duty manager wasnt in today, he left earlier today. It seems that nobody wants to resolve the problem and that they are just giving me hope.

 

Would you advice me to go to citizen advice if the wages are not entered in the account until end of this week ? This is the time the manager said to wait ! Should i wait until the next pay day which is 19 march?

 

I realise that if i go to cab it will create a "not so good environment" (between me and management) because they will end up contacting the company.

 

cheers

[Dorian]

Yes they do,

 

Because when i opened the account i printed the bank details online so there is not any mistake from my part. I showed them what i have printed. Its clean and clear.

 

They have the right account but its weird that nobody saying me much about this.

[elpulpo]

If they're not paying, you're not going to get it out of them any quicker by going to CAB. You need to explain that you are going to suffer hardship and bank charges if you're not paid promptly.

[Dorian]

A similar thing happened to me and when I contacted my bank about it they said that it would have either been paid into someone else's a/c because of the digit error or a 'special' a/c where monies with the wrong BAC details are diverted to, either way they could recoup the monies... it was credited to my a/c within 24 hrs.

 

 

Hello,

 

really? How did they do that ? Would you advise me to go to the halifax branch ?

 

Since the 19 of february i have not yet got paid. Yesterday, manager said they can't issue me with a cheque (it has been suggested here) however they can give me the monie from the safe. If i dont get paid today, monday i will contact haifax and if this problem keeps likes this until 19 march i will go to cab and talk to a solicitor.

 

At the same time, a "trace form" is been sent to the payroller.

 

Maybe if i can do it myself by going to the branch, they will help me with this, because it seems that the company is just giving me hope.

 

cheers

[cerberusalert]

I just contacted my bank and explained the situation, it was them that told me that it would have gone into the special a/c. Whether they contacted my wages dept or not I don't know but I would assume so in order to gain the BAC bank details they'd used so the transfer could be traced.

[Dorian]

I need more suggestions. I am loosing my hope. It will take ages untill they sort this thing out. Next week is pay day and i am sure i will not get paid the previous wages.This is unnaceptable. They **** blown my 700 pounds

[elpulpo]

Probably time to submit a formal grievance, Dorian.

They've had plenty of time to sort this out.

Write and say that they are in breach of contract by failing to pay you on the agreed date.

Furthermore, they are contravening Section 13 of The Employment Rights Act.

Their failure to pay you is an unlawful deduction from your wages.

State that you hold them liable for all costs and charges you may incur as a result of their failure.

Give them 48 hours to sort it out.

 

The problem is that if they don't, there's nothing immediate you can do to get them to pay. But hopefully a strongly worded letter will get them to buck their ideas up.

[Dorian]

Probably time to submit a formal grievance, Dorian.

They've had plenty of time to sort this out.

Write and say that they are in breach of contract by failing to pay you on the agreed date.

Furthermore, they are contravening Section 13 of The Employment Rights Act.

Their failure to pay you is an unlawful deduction from your wages.

State that you hold them liable for all costs and charges you may incur as a result of their failure.

Give them 48 hours to sort it out.

 

The problem is that if they don't, there's nothing immediate you can do to get them to pay. But hopefully a strongly worded letter will get them to buck their ideas up.

 

Yes, i might need a nice and worded letter

 

I went to Halifax today after work and the girl who helped me said the money has been sent into a special account and it has been returned to the company. Now she said that i needed to sort this out with the employee. The girl said the mistake was on 096 instead of 066. I forgot to ask when the money has been returned. However, theres no need to send trace forms or whatever! The money is not in the branch anymore. Now its tesco who need to do the payment in the right account, i am awaiting payment but they are taking ages.

 

I might write a letter stating that the company is liable for any cost and bank charges of the employee due to failing to pay at time however i am not under a contract

[BeauBrummie]

Yes, i might need a nice and worded letter

 

I went to Halifax today after work and the girl who helped me said the money has been sent into a special account and it has been returned to the company. Now she said that i needed to sort this out with the employee. The girl said the mistake was on 096 instead of 066. I forgot to ask when the money has been returned. However, theres no need to send trace forms or whatever! The money is not in the branch anymore. Now its tesco who need to do the payment in the right account, i am awaiting payment but they are taking ages.

 

I might write a letter stating that the company is liable for any cost and bank charges of the employee due to failing to pay at time however i am not under a contract

 

 

If your money was paid into an account that was incorrect either in name or in number and that account was not a genuine account for someone else it would have been held by the bacs system or as the Halifax have stated a "Special Holding" account.

 

That money would then after about five days gone back to the original payee ie your company. So your problem I beleive is internal within your compnay and you have a very strong case to demand your money if not in cash, at the very least by cheque. You need to make sure that your payment for 19 March will go to the correct account also.

 

I think a letter that is firm but polite is required- CAB will probably only advise the same - so much quicker if you do it yourself.

 

Good Luck

 

Beau

Edited March 8, 2010 by BeauBrummie

[elpulpo]

i am not under a contract

You do have a contract.

As soon as they offered you a job and you accepted it, a contract was formed.

It might not be in writing (although they are obliged to provide you with a written statement of particulars of employment within 2 months of the commencement of your employment), but an implied contract exists none the less.

I take it you work for a major supermarket? (no need to say who)

What a surprise.

[Dorian]

If your money was paid into an account that was incorrect either in name or in number and that account was not a genuine account for someone else it would have been held by the bacs system or as the Halifax have stated a "Special Holding" account.

 

That money would then after about five days gone back to the original payee ie your company. So your problem I beleive is internal within your compnay and you have a very strong case to demand your money if not in cash, at the very least by cheque. You need to make sure that your payment for 19 March will go to the correct account also.

 

I think a letter that is firm but polite is required- CAB will probably only advise the same - so much quicker if you do it yourself.

 

Good Luck

 

Beau

 

Hello,

 

The problem was internal, employeer side.

 

After my last serious approach to management on monaday i finally got paid on tuesday 9 of march. The good thing is that i still have a good relationship with management and i did not want to mess that up writing a letter or going to cab however that would be my "final step" after all that was done.

 

The manager understood and said i was obviously entitled to the monied and has explain me that i will get another pay (from the previous month and this current month-all included) next week on the March 19. However the other payment will be automatically taken off from the account. Thank you all for giving suggestions.

 

p.s: It helped me a lot by going to the branch and make sure the wages has really gone back to the company.

 

This issue was putting me off but now it got sorted.

 

Admin can close this thread.

 

Cheers.

[Dorian]

You do have a contract.

As soon as they offered you a job and you accepted it, a contract was formed.

It might not be in writing (although they are obliged to provide you with a written statement of particulars of employment within 2 months of the commencement of your employment), but an implied contract exists none the less.

I take it you work for a major supermarket? (no need to say who)

What a surprise.

 

In response;

 

I am under a temporary contract for 6 months (i believe), after that time

i am permanent but no contract has been provided me yet to sign, as far as i know . I have not received any letter regarding the contract either which i believe is strange being tesco a big supermarket. I only got an interview which i did not attend with the last manager on the february 21st which was about holiday entitlement.

 

I hope this helps you.

 

cheers

[elpulpo]

In response;

 

I am under a temporary contract for 6 months (i believe), after that time

i am permanent but no contract has been provided me yet to sign, as far as i know . I have not received any letter regarding the contract either which i believe is strange being tesco a big supermarket. I only got an interview which i did not attend with the last manager on the february 21st which was about holiday entitlement.

 

I hope this helps you.

 

cheers

Regardless, they should provide you with a written statement. This applies to all employees.