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Work have paid me too little for the last two years but say they won't backdate it!

(15 Posts)
WhoTheFuckIsSimon Wed 24-Feb-16 18:52:22

Myself a few colleagues in the same boat. Only £50 a month down but it adds up to 1k. Are work right that because we've only just raised it they don't have to back date it?

I'm sure if they realised we'd been paid too much they'd demand it back.

Choughed Wed 24-Feb-16 19:24:38

How have they underpaid you?

WhoTheFuckIsSimon Wed 24-Feb-16 19:34:06

Some Of us have a secondary role for which we're paid 1k extra a year.

Those of us with the extra role but who work part time in our main role have only been paid per rata. However we should all be paid the same as even the part time staff have the same responsibilities, on calls and case loads as the full time staff.

So ive only been getting £500 a year rather than 1k.

VikingLady Wed 24-Feb-16 19:55:29

Call ACAS. They are a free employment law advice service run by the government, totally impartial. They will tell you your rights s d options.

WhoTheFuckIsSimon Wed 24-Feb-16 19:57:58

Thank you, that sounds a good idea.

snowgirl1 Wed 24-Feb-16 20:00:32

Is there an HR team? Email them and explain you believe you've been underpaid and that you hope it can be resolved before you have to raise a formal grievance on the basis that the company have made an 'unlawful deduction from wages' under Section 13 of the Employment Rights Act 1996. It will help if you have a contract which states you should have received £1K.

Choughed Wed 24-Feb-16 20:04:32

Acas is a good idea. Are you in a union?

Do you have the allowance in writing?

WhoTheFuckIsSimon Wed 24-Feb-16 20:22:57

Yes, ive got the allowance in writing. Manager isn't disputing we should have been paid it, just says that they're not prepared to back date it as we should have noticed it earlier. Legally I don't think that's right.

We have a HR dept and am also in a union.

Spandexpants007 Wed 24-Feb-16 20:28:44

Don't accept her decision. Is there any chance the miscalculation is her fault and she's trying to minimise the impact

WhoTheFuckIsSimon Wed 24-Feb-16 20:40:28

Not her fault, it's a HR fuck up.

WhoTheFuckIsSimon Wed 24-Feb-16 20:41:00

But her budget it will come out of.

Choughed Thu 25-Feb-16 09:15:47

You, and everyone else involved, need to write to HR, cc in the Union and take advice from ACAS. It should be straightforward. Good luck.

Musicaltheatremum Thu 25-Feb-16 13:42:31

Remember if they overpay you they come down as a ton of bricks wanting it back and can be entitled too so it works both ways.

ihatethecold Thu 25-Feb-16 13:49:33

Acas are very helpful I found with an employment issue I had.

SueTrinder Sat 19-Mar-16 20:48:14

Just saw this, I was in a similar situation. When I went PT HR calculated my salary wrongly and so I was underpaid for 2 years, came to a few thousand. I only realised when a colleague went PT and was told something different about her annual leave (our annual leave arrangements are generous but complicated). I showed HR my payslips from when my salary changed from FT to PT and they agreed that they had underpaid me and I got the extra money back. I work for a large company who know the legals so I would think they have to pay you back.

Agree if they overpay you they can claim it back, I was once paid SallyTrinder's holiday bonus by mistake and got a phonecall from HR apologising but saying I'd have to be paid less the next month. Thankfully I'd actually realised and was just about to phone them to let them know, SallyTrinder and I have had a few situations like this over the years. Another colleague was once overpaid by tens of thousands of pounds. We've now changed our payroll supplier smile.

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