AIBU to expect payroll to stick to agreements?

(61 Posts)
ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 10:41:25

I was overpaid in November, however it was maternity pay and as I had never received a breakdown of my pay I wasn't really sure if it was right or not.

I called payroll then to question it, and they said they'd look at it and let me know. Didn't hear a thing.

Until a week ago - I get a letter saying they've overpaid me by almost £1000. So I immediately made an arrangement with them to repay in installments. I have their agreement to this in writing.

Today is pay day, and I received my pay slip in the post to find they have in fact deducted the entire amount!

Does anyone know where I stand on this?

Is it unreasonable to expect them to stick to the agreement they made with me about repaying in installments? I can't afford to repay the whole amount from my maternity pay - at the moment, the mortgage won't be paid on Monday because of the deduction!

HadABadDay2014 Fri 28-Feb-14 10:45:57

Don't you check your payslips. If you knew you was getting extra why didn't you open or put it into a saving account.

Phone the mortgage provider and ask for more time to pay the mortgage so you don't have a failed direct debit and bank charges on top.

£1000 is a lot to be overpaid. So am taking from your request to pay in installments that you spent it all?

ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 10:50:48

Didn't get a payslip in October, November or December!
I queried it and was told they'd let me know - they didn't so I assumed it was fine. That was in November, and I heard nothing until last week. Clearly if they'd told me it was an overpayment I would have paid it back right away, however as I said in the op, I had no breakdown of my pay and no pay slip to check against.

My question isn't about me being overpaid, it's about whether they should stick to an agreement they made in writing regarding my repaying the overpayment. Because they have deducted the full amount in one go instead of over three months like they agreed, I have no OMP and lost have my SMP - and the minimum I need to pay all the bills is SMP so it's an issue!

I've just set up an overdraft so the mortgage is covered.

akachan Fri 28-Feb-14 10:52:53

Yes they should stick to their agreement, you should complain.

ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 10:54:33

Have a new baby and moved house 9 weeks ago, so since I head heard nothing back, I assumed the pay was correct. It also coincided with a pay rise and a responsibility payment and going onto maternity pay, so I actually had nothing to compare my salary to, and payroll were totally clueless as well. I assume that's why it took them so long to work it out.

Obviously I would have kept it back had I known, but after 2 months I figured it was fine and used it for house expenses - however as I said they agreed a repayment plan already to repay over three months, except they've not done that when they have paid my salary.

StanleyLambchop Fri 28-Feb-14 10:56:16

Can't you just ring them and talk to them about the instalments? It sounds like they have forgotten that they agreed. It could be just a simple oversight. Wouldn't speaking to payroll be your best bet?

ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 10:59:10

I've already called them first thing and am waiting for someone to call me back.

Just wondered if anyone knew where I stand with it legally?

blackteaplease Fri 28-Feb-14 11:00:23

call them up, they will be able to sort an emergency transfer of funds. The same thing happened to me.

clairemum22 Fri 28-Feb-14 11:01:13

Yes I think they should. Ask for a chaps payment to cover the over-deduction. It was their error, you questioned it and they took ages to respond. They should be making deductions in accordance with their agreement.

Mumoftwoyoungkids Fri 28-Feb-14 11:01:54

Yes - they should stick to what they agreed. Give them a ring and get them to sort it out ASAP.

flowery Fri 28-Feb-14 11:02:54

Why are you assuming they don't intend to stick to the agreement? Why would they bother making such an agreement (which they are under no obligation to do) if they don't intend to stick to it?

It will be a mistake.

ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 11:04:46

Thanks, is a chaps payment an instant bank transfer?

I have no issue with repaying the overpayment, just that they agreed installments and then took the entire amount!

Going to give them until 1130 to call back and then ring them - given how rubbish they were when I queried my pay last time!!!

ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 11:06:50

Flowery - because the pay that's gone into my account is £1000 less than it should be sontheybhave made the deduction.

I'm hoping it's a case of them not communicating the agreement amount to the payroll system and that it won't be an issue to make a chaps payment as someone suggested.

It's a bit upsetting when you are tired, hormonal and just come back from having your baby vaccinated and find your pay is wrong by such a huge amount!

littledrummergirl Fri 28-Feb-14 11:07:01

Are you back at work?
If so and the deduction has taken you below minimum wage then they need to pay you that.
As you have an agreement in writing I would raise a grievance siting unlawful deduction of wages as per the employment act(google it for more info-sorry I dont have the link).
I would imagine they would be looking to sort this informally by bank transfer today though.

ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 11:08:03

No little drummer, still on maternity pay!

Thanks for the info, will quote that if I need to - hoping they will sort it without that though!

flowery Fri 28-Feb-14 11:19:08

"Flowery - because the pay that's gone into my account is £1000 less than it should be sontheybhave made the deduction"

Still doesn't help me understand why you are assuming it's a deliberate decision to go back on the agreement rather than an error, which is far more likely.

ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 11:30:41

It may well be an error. The more I think about it, the more I think that the two departments that deal with payroll don't communicate with each other.
Just hoping they can sort it out now.....

lels99 Fri 28-Feb-14 11:35:02

They aren't legally allowed to deduct anything from your salary without your prior approval. Think it comes under deductions of earnings rules

flowery Fri 28-Feb-14 11:36:39

This is the problem with posting this sort of thing on AIBU.

Yes they are legally allowed to make deductions without prior approval in the event that there has been an overpayment.

DidoTheDodo Fri 28-Feb-14 11:37:42

Sorry, you have had £1,000 of someone else's money for a period of time and are surprised they want it back?

You received it (erroneously, yes) in one lump, why would you not pay it back all at once too? Not yours, shouldn't have spent it.

ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 11:40:18

I know that they are legally allowed to make the deduction as it was an overpayment - however is that still the case when they have made an agreement in writing regarding reduced instalments to repay? And when taking the whole amount back leaves me unable to meet financial commitments - that seems to breech the implied terms of trust and confidence in the Emplyoment Act?

ILiveInAPineappleCoveredInSnow Fri 28-Feb-14 11:41:05

Dido - they made a written agreement with me that I could repay in installments- should they not have to stick to that then?

LessMissAbs Fri 28-Feb-14 11:42:45

The normal rules on deductions of earnings doesn't apply to overpayments. Despite your written agreement, I think they are actually allowed to deduct the full amount should they choose to do so. Sorry!

DidoTheDodo Fri 28-Feb-14 11:43:53

Regardless of any agreement you received money that wasn't yours so you shouldn't have spent it. I don't see how it is any more complicated than this.
I'm afraid that to me it sounds like shifting the responsibility onto someone else.

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