[Closed] Ex employer has invoiced for wage overpayment

Have they shown their working or just "cos of holidays and sick init" ?

In not, ask to see their working in writing and take it from there.

I have a payslip that makes no sense and was told holidays and sick over the phone.

When I speak to the payroll manager on Monday I will be asking for a full breakdown in writing

Suspect it's 'computer says no' syndrome

Have you got all your payslips to itemise hours worked etc?

Well they can whistle for the last £750, unless you have a company pension they can rob it from. I'm not sure how you are going to get the money you feel you are owed though

Oops.

It's a formal invoice so I'd imagine they'd pass it to a debt collector

I do have all my payslips and time sheets. We were TUPEd over in April so I'm hoping its just some system/human error

at times didn't even pay me SSP when I was off sick

Gut instinct is that if they have sloppy accounting (which it sounds like), SSP is at the heart of it.

SSP (in part) can be claimed back from central gov't; it could be that this hasn't been done and depending on how they manage their payroll, showing negatively against your salary.

Just a guess* though. Good luck.

*[i]Mildly[/i] informed.

Just ask them to prove the debt with dates and times of all work hours, overtime, holidays, sick and anything else you can think of.

Did you have to clock/sign in and out at all times?

They didn't pay me SSP as they claimed I'd used up my allowance (28 weeks!) last year. Funnily enough I'd remember having more than half a year off sick! That took 4 weeks to sort out and for them to admit they got it wrong

Yeah had to sign in to the phone system, not lates or awols whilst I was there

[url= http://www.acas.org.uk/index.aspx?articleid=2042 ]Acas[/url] helpine 0300 123 1100 Monday-Friday, 8am-8pm and Saturday, 9am-1pm
Also your home insurance might cover the cost of legal advice on an employment matter, worth having a look at your policy

Thanks, shall give ACAS a call on Momday after I've spoken with them

Houns, that only support my gut feeling. Think less about what you [b]have[/b] taken, and instead how many changes/****-ups have been applied to your payroll record.

FOI is something that is often quoted incorrectly, but this is the perfect example. Full record print of payroll transactions over last [insert date range] would be my suggestion.

Do you have an annual entitlement for paid days holiday and sick leave and a specific date when that year begins and ends? For example, if your year was 1st May to 1st May and you left the business on 1st November having already used up the entire entitlement for a whole year in 6 months they would probably think (I would imagine correctly) that they are owed half of it back.

Yeah our year runs Jan-Dec, however we were tuped over in April to this employer but of course our t&c's/holiday year remained the same as old. Company that we tuped to ran April - May. So I'm hoping its a human error in payroll where someone thought I've only worked half the year not 11 months

I thought it was illegal to make deductions from pay without consent, regardless of whether they are right or wrong.

Yep, sounds very plausible.

My wife is in HR and has been involved in tupes which sound like they can get horribly complicated. Add a bit of computer systems that don't talk to each other and a bit of human error/belligerence and I can see how it could be royally balled up if you left their employment during the first 12 months after the merger/acquisition.

I think they can on final wage slip. I was expecting a bit deducted for any holiday I'd taken that was over my entitlement, but not this!

FOI is often quoted incorrectly.

Freedom of Information only applies to general information from public bodies. Not relevant here.

A data protection act request is what you are looking for. It is information an organisation holds about you.

Don't make an FOI request it is a waste of time, this kind of thing all exempt under section 40 (I think) in the English Act.

Request a copy of your entire HR file as subject access request under Data Protection Act - specify that it must cover all payroll and deductions, sick leave, statutory sick pay etc. State that you want copies of emails held in your account that reference these subjects. Staff email generally the property of the company but could be argued to be your personal data, worth a go.

Contact finance and let them know asap that the invoice is incorrect and you don't accept it - do this in writing.

FOI is something that is often quoted incorrectly, but this is the perfect example. Full record print of payroll transactions over last [insert date range] would be my suggestion

FOI, only applys to state funded compananies and cuncils, Data protection act, is what you meant

Thanks, shall do

It is a NHS 'company' so will be state funded

I thought it was illegal to make deductions from pay without consent, regardless of whether they are right or wrong.

over payments are excluded from that legislation

Foi allows anyone to make a request and to see the answer, via the disclosure log.Stick to data protection act, just costs a tenner.

Yes to ACAS and don't be afraid to go to employment tribunal or small claims if necessary. Mrs SOM did this successfully some years ago.

Oh my. The only excuse I can offer is that I'm currently watching re-runs of Bottom and ironing; why I typed FOI is beyond me. It's the DPA as mentioned.

Sos 🙂

Start by getting the data from the payroll department, and by talking to someone who can do more than just repeat what the computer says.

Don't go in shouting about illegal deductions or employment tribunals until they start getting difficult. When I worked in payroll, the ones who were polite but persistent tended to get quicker answers than the shouty ones.

Mistakes happen even without TUPE, but I'd guess their system isn't properly configured for the rules from your old company, so talking to them and pointing out errors will probably save them a lot of trouble later if they are prepared to listen!

Yes polite but firm the way to go.

(I work in FOISA and DPA, if you haven't already guessed)

IME this kind of thing is usually more incompetence than malevolence.

[i]unless you have a company pension they can rob it from[/i]

Nope, really, really not allowed and no way would a Trustee agree to this.

Thanks all for advice. I'm not the shouty type but will ask for all info and discuss where (if it is) wrong firmly and politely

Not sure ACAS is right. Maybe Citizens Advice Bureau?

My experience was quite different after leaving a company they continued to pay me for 3 months despite repeated calls to payroll who said they would sort everything out the served me with a ccj for wrongfully claiming salary.
Ended up in court. Northern Rock.

Hope you get sorted out Houns

Staff email generally the property of the company but could be argued to be your personal data