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AIBU?

to think my work should make an emergency payment?

75 replies

Stinkle · 06/06/2014 09:39

My company cocked up my May pay and I was paid nearly £500 short.

It's taken forever to sort out, but they've finally admitted it's their mistake however, they are refusing to pay the shortfall until the end of this month.

We're not talking a few pounds, I only work part time so £500 is a big wedge of my wages to go without for a month, so I want, well need actually, them to do a transfer today.

They are refusing and will add it to June's payroll.

Is it really that hard for companies to do ad-hoc bank transfers?

Is it reasonable/normal to wait until the next payroll when there are mistakes with pay?

I'm really bloody annoyed, I've got lots on this weekend and next weekend and I had budgeted to ensure we had cash and this has really fucked everything up

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brokenhearted55a · 06/06/2014 09:43

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NollaigShona · 06/06/2014 09:46

Contact ACAS..Now!

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Stinkle · 06/06/2014 09:47

I have asked for a cheque - no can do

Sorry, thought I'd put that in my OP

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Stinkle · 06/06/2014 09:49

Sorry, x-post - will give them a call

Thanks!

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woowoo22 · 06/06/2014 09:50

Tell them to make a BACS payment. Go to your own director, payroll director and HE director (if you have them).

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NollaigShona · 06/06/2014 09:50
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Stinkle · 06/06/2014 09:56

Thanks

I don't have HR/payroll, it's quite a small company and my boss is away

I'm just dealing with the accounts person and she won't do anything about it

I know they do online bank transfers all the time (they pay suppliers that way), but is payroll some huge complicated malarkey? Or can you just log in, do a bank transfer and that's it? If so, I'll go and do a sit in Grin

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NollaigShona · 06/06/2014 10:05

I used to work in payroll.. If she can make a wrong payment, she can make a correct payment. It may help to remind her that if she has the authority to pay you, it is irrelevant whether she does it in 2 payments or 1, as long as you receive the correct pay.

You may also point out that it is illegal to make an unauthorised deduction from your pay. It doesn't matter whether it was a mistake or deliberate.

Tell her you are seeking legal advice unless the payment is made today.

Good luck!

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DizzyKipper · 06/06/2014 10:06

My work did similar a few months back. They also clearly weren't going to bother about paying me the rest straight away until I made a point that I needed the money and would get bank fines from the failed DDs if they didn't pay it immediately. When I said that they did pay it via BACS - though said about how she'd have to "work really hard" (which took her about 30mins it seems...). If they'd not paid it and I'd received fines because of it I would have looked into small claims to recoup any and all bank charges - I'm not really sure where I'd have stood legally but was damn well sure it wasn't fair for me to be at a financial loss because of their cock up. Maybe your work will also be swayed by your pointing out the financial implications of your not receiving the money now?

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Butterflylovers · 06/06/2014 10:07

It's a simple thing to do. You just need a 'yes' from someone high up who can authorise this. Make sure he or she understands that you need the cash now. The accounts people do not want to help you because firstly they don't have the authority and secondly it's extra work for them to do. Go straight to your boss.

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Hereward1332 · 06/06/2014 10:08

Payroll can be complicated, but as it's their mess up, they need to solve it.

They should be able to organise a 'loan' of £500 which they could then deduct from your pay at the end of the month.

Do you have the boss' email address? He may well be picking up emails even if he is away, and could authorise a one-off payment.

Every employer I have worked for bends over backwards where paying salary is concerned, so hopefully this is just a case of the accounts person refusing to take responsiblilty.

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zipzap · 06/06/2014 10:08

When a company I worked at started cocking up the payroll and not wanting to make the balancing payments or doing it by cheque instead of bacs to slow it down / placate us but then the cheque would bounce or be stopped, it was because the company was getting into financial trouble...

Maybe ask the financial person you work for if they won't pay, if they personally could loan you £500 until you get paid. If they say no (which I'm sure they will!) because they don't have £500 spare pounds to lend, ask why you're expected to do without it but they're not. Then ask directly if the company is in financial trouble and that's why they aren't paying...

Good luck!

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sillystring · 06/06/2014 10:09

This happened to me a few years ago, the stupid bint who did payroll had actually paid my wages to an employee who had left the month before (under a cloud I might add) and she hadn't taken their name off.

I waited for days for my salary to go in and it never did. When I questioned it and she discovered her mistake she claimed they'd have to wait until the ex employee paid it back before I could get my salary!!!

Through gritted teeth I advised her that it's illegal for an employer to owe you money and she reluctantly wrote me a cheque. The ex employee never paid the money back to them incidentally.

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Teabiscuits · 06/06/2014 10:11

My HR manager made a mistake when I went back to work after being on maternity, and after my first full month of working I didn't get paid anything.

I told her about it on the Friday (payday), she was very apologetic but said there was nothing she could do over the weekend, however she got on to head office first thing Monday morning and I got some money (they withheld a percentage for some reason) on the Wednesday. Difference is I work for a big company.

I don't know the law on this, but they were so quick to react (by their standards!) that I would guess they were trying to cover themselves.

I would keep pushing, surely they should give you something and sort out payroll after?! It's their mistake.

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zipzap · 06/06/2014 10:12

Cross posted with quite a few posts; fingers crossed that it's not a sign there's a problem with your company.

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RedToothBrush · 06/06/2014 10:16

They are in breech of contract.

You could, in theory, take legal action. Advise them of this...

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notaflamingclue · 06/06/2014 10:22

Yes, ACAS and keep making noises: Bank fines for unpaid DDs, breach of contract, etc etc.

I work in a small company and do the payroll. It's not even a 1-minute job to transfer cash these days.

I remember years ago when I worked for my dad, I did the payroll for a lot of hairy-arsed delivery drivers. The bank made an almighty cock-up and refused to pay the wages one month. As you can imagine, they weren't best pleased. My dad sent me down the bank to get out the cash and I remember standing in the traffic office counting out tenners to them all.

As my dad always says, the very first creditors you pay are your staff. To the exclusion of EVERY other bill.

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Stinkle · 06/06/2014 10:23

Thanks!

My boss is at a funeral today so I'm trying to sort it out without involving him, but I've just sent him an email, hopefully he may pick it up later

I know the accounts person does have access to the business online banking, we get her to pay suppliers by ad hoc transfers

I've just emailed her to point out that deductions from my pay without my consent is illegal and that I will be seeking advice on recouping bank charges if the shortfall is not in my account by 3pm today. See what she says.

I was on holiday over half term - she's deducted me holiday that a) shouldn't have been deducted anyway as I'm well within my holiday entitlement, and b) she deducted it twice. It took forever to get her to admit the mistake

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MyFirstName · 06/06/2014 10:24

If they do not want to/cannot go through payroll to pay you they can simply make you a "cash" (or cheque iyswim) of £500. Just as if it were a loan.

Then in June's payroll they pay you May's shortfall ie £700 June plus £500 Backpay for May. Then in the deduction they deduct the £500 loan - to show you have already received the cash iyswim.

Insist. Jump up and down. And as someone suggested above - call ACAS to get some useful "phrases" to spout at them - and let them know you have called ACAS.

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Stinkle · 06/06/2014 10:27

Cross posted with loads, sorry.

I was hoping it should be a 2 minute job, but wasn't sure about the ins and outs of payroll.

We have online banking, I was hoping for them it would be as simple as it is for me to do a bank transfer - a 2 minute job. I know we pay suppliers that way but wasn't sure if payroll was more complicated.

Right, off for a sit it Grin. If it's as simple as an online transfer she can bloody well do it now and clear up her mess later.

Thanks!

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hatsybatsy · 06/06/2014 10:31

Ahem -your accounts person is refusing to do it because she's run the payroll for the month and may be unaware how to make an ad hoc payment.

It is completely possible for her to give you a payment for the amount missing - cash/cheque/BACS and then to put that amount through the June payroll for NI and tax purposes (as a cash payment).

It's her error and needs adjusting now. Try and stay calm - shouting at her will only get her back up and you need to keep her on side. Can you go and see her today?

She may have access to some payroll support (like we do at work -there's a helpline for any questions we have) - they would be able to advise her.

good luck

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reallyshakenup · 06/06/2014 10:47

Reading with interest.

My employer messed up my pay which has meant that I did not get paid today. They have admitted its their fault, something went wrong in payroll and the member of staff spoken to.

However they will not do a BACS transfer or issue a cheque which means I will have a whole month without pay. Loads of stuff has bounced in my account today including my mortgage. My credit rating will now be stuffed plus lots of bank charges.

I phoned ACAS just now and they were to be honest useless. They said yes its a breach of contract but they canot 'force' my employer to pay me. I explained that I probably cant even afford to go to work next month as not being paid means I dont have the money for my train fare (400 a month) and nursery fees (700 a month) the woman said that if I didnt go into work I would be facing a disciplinary despite the fact the reason for me not going to work would be because I can't afford to as I haven't been paid.

Rang my employer again this morning and asked why they can't do a quick BACS transfer or issue a cheque was just told it was not their policy to do it and I will just have to wait.

Employment law in this country stinks. Employers get away with not paying their staff and the law allows them to do this.

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RedToothBrush · 06/06/2014 10:53

A disciplinary they wouldn't be able to stick on you if you raised a formal grievance that they had caused you hardship through their breech of contract.

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TrueGent · 06/06/2014 11:01

Emails are good because they provide an audit trail but you can't beat eyeballing someone and 'persuading' them there and then. However, if she doesn't have the authority/decency to do this on her own, I'd phone your boss in her presence and seek his approval - ideally not during said funeral, obviously.

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Livvylongpants · 06/06/2014 11:01

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