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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think this company is breaking the law somehow?

99 replies

Hocusypocus · 09/11/2018 10:14

DP is in a supervisory role at a fairly well known High Street company and is charge of the team on nights. He's been there for three years and more often than not he will be underpaid at the end of the month, sometimes it is just any overtime that's missing but sometimes it's several entire night shifts worth of pay.

This morning he's having to deal with an angry bunch of staff members (the night team he supervises) who've mostly all been underpaid, again, some by several hundred pounds.

He doesn't deal with pay roll, that's not in his remit. He's also missing just over £100.

When this happens, which is often, he takes it up with the store manager who simply says it must have been a mistake and whatever is owed will be added onto the next month's wages. 'if' it is paid back then the staff then find themselves paying more tax the following month because they are essentially paid more, even though its what they are owed.

Store manager claims nothing can be done at the point of the incorrect wages being paid and they have no choice to wait until the next pay. The missing wages is not always returned, at one point DP was waiting several months to be reimbursed for a period of work he was underpaid for.

What is going on here?

OP posts:
Hocusypocus · 09/11/2018 10:16

To add: the pay cycle is four weekly so doesn't always fall at the very end of the month.

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Hocusypocus · 09/11/2018 10:17

The employee reviews online for this company mostly all say the same thing about the wages being wrong, not just in our local area but nationwide.

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Disfordarkchocolate · 09/11/2018 10:20

My company has a policy where they have to correct by BACS payment asap if your pay is wrong.

Singlenotsingle · 09/11/2018 10:23

Either incompetent payroll staff, or not enough of them. The system needs to be updated.

Hocusypocus · 09/11/2018 10:23

@Disfordarkchocolate that's very interesting as the store manager at this particular company says that isn't an option and staff have no choice but to wait.

They are always trying to save money and fretting about the 'budget' so I'm beginning to think this is deliberate and enables the store to stay within their designated budget, If only by fucking over the staff.

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StereophonicallyChallenged · 09/11/2018 10:23

Firstly, tax won't be incorrect as its cumulative on a year' although the NI will/might be higher for both employee and employer in the month they receive the outstanding pay. So its not in the companys best interest to do this either! (Just to put your mind at rest re tax - not saying its ok to routinely make errors like this)

I'd contact ACAS if I were him. Gather the evidence, his own errors over last year say, and then get others to do the same.

Keep putting pressure on the store manager/HR/payroll (prior to pay day) and questioning pay due etc. If everyone hassles it might make a difference.

Hocusypocus · 09/11/2018 10:24

@Singlenotsingle there's been a handful of different payroll staff since DP started there and this problem has been ongoing since day one throughout all of them.

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senua · 09/11/2018 10:25

Your point on tax probably doesn't stack up. PAYE is designed so that it all works out eventually.

Can they ask to see paperwork (overtime sheets before they go to head office for processing, calculations on payslips) before payday. Be a bit more proactive?

Notacluewhatthisis · 09/11/2018 10:25

Is it supermarket?

I am asking because I might be able to help. I work in HR for one of the big supermarkets.

Notacluewhatthisis · 09/11/2018 10:27

Forgot to say, we are also paid 4 weekly and payday is today.

Racecardriver · 09/11/2018 10:27

Well they’re breaking their contract probably so that would be a breach under contract law. I’m not sure if there are staturtory obligations though. Although it may be possible that they are breaking minimum wage requirements without realising.

Hocusypocus · 09/11/2018 10:27

@StereophonicallyChallenged DP has on many occasions been on at the store manager prior to payday and it doesn't always make a difference. Well it has previously, but then the familiar pattern of underpayments will resume after the dust settles.

This is the second month in a row this has happened to the new members of the night team, one of which is owed over £400 and is unlikely to continue working until he's reimbursed.

This all puts DP in a difficult position as he needs the men but can't possibly justify going against their reluctance to work until its sorted, in these circumstances.

Store manager is away again, helping another store, and has fobbed him off as usual.

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Disfordarkchocolate · 09/11/2018 10:28

If he works for a large company they will have a policy that covers this, he should have access to this. Most large companies have two pay runs so expenses are paid promptly.

Hocusypocus · 09/11/2018 10:29

@senua I may be wrong about tax, I'm only going on what I've heard DP say but may well be mistaken.

@Notacluewhatthisis it is [post edited by MNHQ]

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Hocusypocus · 09/11/2018 10:30

@senua DP has in the past spent portions of his morning in the office with payroll going over hours before they are sent off, it's then still hit and miss. I can't fathom what's going on

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Notacluewhatthisis · 09/11/2018 10:32

At right. I was going to see what I could do from here, but it's not same company.

Here, the manager would have to raise a wage querie with our wages team. Until the manager did that, no pay mistakes would be rectified.

Do they have centralised payroll or is it at store level?

Hocusypocus · 09/11/2018 10:37

@Notacluewhatthisis members of staff in the store are allocated the responsibility of 'confirming and sending' the information IE hours worked, to the payroll department which is centralised, and they then pay out according to the information sent.

The store manager has been known for being underhand in the past with several other matters, setting people up to get rid of them, etc. I'm wondering whether the in store staff who are asked to confirm and send hours are asked to take some off.

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Hocusypocus · 09/11/2018 10:40

More often than not its the store manager who sends the hours to payroll but it's not unusual for two of the daytime deputy managers to do this either, they all do it at different times.

The store has a high staff turn over because of how employees are treat and there's been many supervisors and several deputy managers that have come and went in the time DP has worked there. This problem has been consistent throughout regardless of whom is dealing with payroll.

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Notacluewhatthisis · 09/11/2018 10:40

Do they have a way to contact central payroll themseleves?

In our case, we would be reporting the manager to the ethics teams. It's a huge breech of company policy, employment law and trust between the company and its employees. This is assuming you are right and he is cooking the books. He could possibly be breaking several laws if this is dilberate.

Lost5stone · 09/11/2018 10:42

The tax will work out but the issue is if you live payday to payday(as so many do) you will struggle

The only way it will get resolved is everyone complains constantly. Don't let the dust settle, keep on the manager and payroll department and if it's short get every single member of staff to call constantly and complain

Motheroffourdragons · 09/11/2018 10:45

This reply has been withdrawn

This has been withdrawn by MNHQ on behalf of the poster.

shearwater · 09/11/2018 10:48

Go above the store manager's head. Who is next in line, regional manager?

Put it in writing, dates, times amounts for DH and also mention it it happening regularly to other staff. It is very bad practice and cannot be allowed to persist. Surely it is bad for the entire business's records and financial planning, not just the staff themselves? Appalling to leave low paid staff underpaid!

If you can't get any joy from the company, go to Acas or even your local MP. They love stuff like that.

Hocusypocus · 09/11/2018 10:50

I can't prove the store manager is fiddling the books but i know it happens in certain companies and this happens far too often to be an innocent mistake IMO

DP says he doesn't have authorisation to speak to the centralised payroll department himself, it has to be the store manager. He can only go as far as her and then its down to her to sort it, or fob people off as she usually does.

DP has signed up to a union, could they help? Not all of the night team have signed up for this though. It's now looking like the staff are going to refuse to come into work which leaves DP in the crap, but he completely understands their position and is frantically trying to contact the store manager (who is now away helping another store, again)

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Feefeetrixabelle · 09/11/2018 10:52

he Needs to go to the regional manager that’s disgusting and underhand and no doubts breaks their employment contracts.

Feefeetrixabelle · 09/11/2018 10:53

Is there a whistleblower policy. He should follow that