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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To take employer to tribunal?

7 replies

StretchyGrape · 30/07/2022 19:51

Carer so never actually see my employers.
Underpaid last month.
Poor communication with employer.
Think I've been underpaid this month, the payslip isn't detailed and doesn't show any statutory sick pay ( had covid for nearly 2 weeks so gov calculator estimated 149 stat sick pay for that period.
Asked for a more detailed payslip.

Got a response like "eh basically it's for this many hours "

No more detail. Asked for more information again as I can't figure out why it is the amount it is.

Citizens advice recommends leaving it no longer than 3 months from the first date you were incorrectly paid.

Do I take them to a tribunal if they don't fix this? I can't afford to be underpaid a random amount every month. Anyone with experience?

They're nightmares to communicate with and take ages to respond with little information or ignoring questions I've asked.

YABU try to resolve without tribunal

YANBU take them to a tribunal

OP posts:
FOJN · 30/07/2022 19:57

I think you need to try to resolve it with your employer first which means making your case for why you think you have been underpaid.

Do you have to submit a time sheet? Do you you know your hourly rate and how many hours you worked in the pay period covered by the pay slips in question? Do you get allowances for fuel etc and at what rate? Are you keeping a note of mileage etc.

I think if you have that information plus knowing the amount for sick pay then you should be able to work out your gross pay and see if that talkies with the gross pay on your payslip. Even in the absence of other detail it should have gross pay recorded.

Hankunamatata · 30/07/2022 19:59

Its a bit quick to jump to tribunal. Keep nagging them for a breakdown of how many hours are paid wage and how many are ssp.
try hmrc

Statutory Payment Dispute Team
Phone
Call HMRC if you think your employer:
is paying you the wrong amount of statutory pay
has wrongly decided not to pay you statutory pay
Only contact HMRC if you have not been able to resolve your issue with your employer.
Telephone:
0300 322 9422
Textphone:
0300 200 3212
Opening times:
Monday to Thursday: 8.30am to 5pm
Friday: 8.30am to 4.30pm
Closed weekends and bank holidays.
Find out about call charges
Post
Write to HMRC if you think your employer:
is paying you the wrong amount of statutory pay
has wrongly decided not to pay you statutory pay
Only contact HMRC if you have not been able to resolve your issue with your employer.
You do not need to include a street name, city name or PO box when writing to this address.
Couriers should use a different address.
Statutory Payment Dispute Team
PT Operations
North East England
HMRC
BX9 1AN
United Kingdom

Hunderland · 30/07/2022 20:06

You're nowhere near tribunal level yet. You need to go through the company's process to complain first.

And hopefully you're in a union too.

Ylvamoon · 30/07/2022 20:15

Go through their proper channels but tell them that you'll contact ACAS if you haven't received a proper, up to date payslip for June & July by X date.

And keep all correspondence you have.

PantyMcPantFace · 30/07/2022 20:31

Put it in writing. Email payroll/hr/your boss/ all of the boss. It in not clear if it is just your SSP you are querying or other hours/payments as well.

Dear payroll,

I would like to query my pay.

For June I worked abc hours. I had the 24 and 25th off. I was expecting X amount. I only got Y amount. Please would you be able to explain clearly why there is this discrepency.

For July I worked abc hours and was sick on th 5th -8th. I was expecting X amount of normal pay plus £X SSP I got Y amount please explain this discrepency

You cannot in all seriousness take them to tribunal without trying to communicate with them first!

If you get no answer, resend the email. If no answer resend again including the highest boss and say you will have to consider taking a dispute up with HMRC.

What does your contract say about sick pay. Have you deducted the 3 "waiting Days" in your calculations/expectations?

Oblomov22 · 30/07/2022 20:40

I agree. Talking of tribunal is overreacting at this stage. Use Panty excellent email in the first place.
When was this? Are you sure that you are entitled to sick pay? Have the company stated this? Covid sick pay was stopped for employers to claim back from HMRC in 24th March 22, I think.

StretchyGrape · 07/08/2022 21:55

@PantyMcPantFace
Sent pretty much that.

How long is reasonable to wait for a response?
We are now 8 days from incorrect pay date and 3 from email being sent querying again.

OP posts:
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