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Hi folks I work in the NHS and need a little advice from some clever person. I started my new post in 2008 and at the time moved from a band 3 to a band 5. We have in place a thing called increments which you get yearly.My increment date has always been 22 April but this month I noticed in my wageslip lots of deducions to the amount of £2600 When I contacted payroll they said I started my new roll in the Jan 2008 and my next increment should not have been until Jan 2009 but they paid me 22 April as normal. My wage slips for the 4yrs always said every month Annual Inc date 22 April. I have just received a letter where they want to take almos £300 a month from my wages until Jan 2013. In NHS policy it says they can do this as I have signed a contract and I am not disputing that what I am saying is that I did not have a clue as I always got my change 22April since I started in my first post 12yrs ago. Finance have admitted it was their error so any advice would be greatly appreciated. So sorry its long winded.

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Steve Mal welcome to The Consumer Action Group community.

 

You haven't received any replies to your problem yet so you might be better off posting your story again directly in the sub-forum which deals with your kind of situation. You will get lots of support there.

 

Also, spend some time looking round the forum. Once you understand the layout, you will be able to get best use from this Consumer Community. It is a big forumm and may take some time. But it will be worth doing.

Good luck.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Hello there.

 

I've moved your thread to the employment forum and hope you get the help you need. Please bear with us if it's slightly slow going, it tends to be like that here at the weekends.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi Steve,

 

As this is the NHS my first question as always is any Trade Union e.g. Unison. If so you should get them to help.

 

The 'general' position is that wages are protected by law and only certain deductions should be made from them. Unfortunately permitted deductions include those to recover an overpayment or those expressly authorised by an express term of the contract of employment (see sections 13 & 14 of the ERA 1996).

 

This is a common issue and has amongst other things been looked at on this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?199165-Overpayment-of-wages-by-firm

 

Unfortunately, whilst the employer may be able to legally recover these overpayments, common sense and good practice dictate that such deductions should be agreed with you in a way that doesn't cause undue hardship to you.

 

The basic elements of the employee's defence to recoupment are

 

1) Payment received in good faith

2) Over a period of time

3) Acted upon to change your position i.e to buy something you would not have done otherwise

 

As soon as the first deduction is made, you could bring a claim in an ET that it is unlawful on this basis - but only if you have the stomach for the fight!

 

Are you in UNISON?

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Hi Che,

 

Thank you for the reply and yes I am in Unison. Just grieves me that when I moved into this new position 4yrs ago until last Thursday I new nothing of this increment they had overpaid me and instead of someone telling me I found out when I checked my wageslip.

 

Regards

Steve

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Thank you for the reply and yes I am in Unison.

 

I know must be WELL annoying :|, but I suppose this feeling of annoyance is, in law anyway, reflected in this potential estoppal based argument. BUt it is not really ideal.

 

We get this question quite commonly on here. Please help CAG's employment forum by letting us know what Unison advise you to do.

 

Best of luck.

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Che thank you very much for your help, will be in touch with Unison Tues morn and keep you posted

 

Steve

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Surely if they are going to insist that the date of increment changed because of you starting the new job (incidentally my incremental date never changed when I changed post or employer) then the most you would owe them would be for April-January at the difference in pay between grades and then the difference between each subsequent pay point but no more.

 

Feebee_71

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:xHi Feebee met with union today and they said can pay the money back over 4yrs!! Still havnt had a reason why its being taken other than my incriment date was wrong!! Spoke with the lady in our General office who used to do the wages and even she said I would never have picked it up as with Enhancements for sat and sun working the money would not show up they have admitted its their fault and after the meeting with my union rep it sounds like pay it we dont want you rocking the boat!! Well I feel like a bit of boat rocking

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Sent a letter to payroll telling them I was appealing and they wrote back saying my NHS employer had instructed them to suspend their actions against me until further notice.....................Fantastic but still no one has contacted me............Do they always drag these things out. Still no explanation really as to why they are stopping the money just hearsay.

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