Overpaid by employer- third time!

[Mogs43]

On three different occasions now I have been overpaid by my employers (public sector). Sounds great - but it really isn’t. It means that I don’t get benefits I am entitled to (including universal credit and council tax support), have to repay and have many sleepless nights worrying about what money I have and what I am or am not entitled to. I have complained to my employer (they have acknowledged that the payments are not caused by anything I have done- rather admin/management errors) but they simply shrug their shoulders. The latest overpayment was in august- I have asked for them to put the amount in writing and provide an explanation but still nothing. In the meantime DWP and the local authority are saying that without such a letter there’s nothing they can do. So I’m just stuck. I have a disability which the stress is exacerbating but imagine it’s just one of those things? Nothing I can do?

Put in a grievance.

Agree. Put in a formal grievance. They're actively fucking up your life and not taking the required steps to ensure it doesn't happen again.

This happens to me sometimes, I just work out what I was overpaid and keep it separate for when they ask for it back

I did put in a grievance but they responded saying it was just an accidental error.

Unfortunately it’s really hard to put the money aside. My universal credit claim is reduced by a percentage of what I am ‘paid’. So I need to use it for the basics - rent, , ctax, food , medical stuff etc. if it happens again this month I may need to go to a food bank .

You need to put in another grievance. It keeps happening- clearly lessons are not being learnt.

They should also be giving you funds so as not to cause you hardship. That would be reasonable redress.

Are you in a union?

Thank you. I will do.

I am in the union. They are really busy and didn’t seem especially interested? Think they are focusing on national campaigns rather than individual cases?

The only options you have are another grievance - focusing on the number of overpayments, so they can't say it's a one-off human error - and putting pressure on your union, who absolutely should be taking on and winning individual cases if they wish to continue to be funded.

Can you refuse to pay back the money until they provide a letter confirming the overpayment?
They might take it more seriously if it impacts on them too.

This is exactly what you need to do. When they write to confirm the overpayment and demand you repay it, you then forward this to UC and LA and the job’s a goodun.

Use the fact that they refuse tonorovude the required letter as part of the new grievance

Thank you . I think you are right about saying I will only be able to pay back once I have the letter. It’s sort of true as I won’t get the correct UC and will have to pay off CTax etc until it’s agreed I should get support.

The stress of it all is crazy. I will work up a new grievance but they just dismissed the last one (when I had two overpayments) out of hand so not very hopeful. It’s so frustrating.

Your union should also be able to help. They shouldn't just be doing national things.

Push them too.

Grievance. If no luck, contact ACAS.

Make it clear you are suffering a significant financial detriment due to their errors and ask for compensation. Point out that one overpayment is an error three overpayments is negligence.

Please can somebody help me. I am feeling broken and don’t know how I can continue.

My employers have told DWP that I have been paid again this month. I haven’t. On reflection I assume they were going to make another payment this month (in error) and have stopped it but whatever system is in place has informed universal credit I have received a payment. I am now going to be awarded just over £1k by universal credit for the month. Won’t even cover my rent (London) . This is now the fourth time that they have messed up my pay. I just can’t cope. I have used all my savings , credit and am broken. I just can’t carry on like this. I don’t know what to do.

I have put a note on the universal credit page to say it is wrong. If they will let me I can send them copies of bank statements. Despite my chasing them regularly my employers still haven’t written to me about what is going wrong/what is owed/ what should have been paid etc i tried to raise a grievance but it was dismissed- they said I need to allow more time for it to be sorted out internally but it’s now been four months back to back. I don’t know what else I can do. I just feel broken. It’s all so impossible. I don’t know how to keep plodding on when I can’t even cover the basics. please can someone advise? Thank you.

Contact ACAS explain your grievance has been dismissed and tell them you want to go to an employment tribunal. Explain you are suffering a financial detriment.

I would also email your HRD and advise them that you are suffering a financial detriment and request that payroll manually override the system and correct your pay. They can do this.

The other two options you have are under GDPR you have a right to have incorrect information corrected. You could also report to HMRC. However, before you do this are you able to say broadly which part of public sector e.g. Civil Service, NHS, Local Authority?

Thank you. It’s the civil service.

@Mogs43 that’s helpful.

Find your departments privacy policy on the Intranet. Look for the information relating to accuracy of data in relation to payroll and personal data. Use the search function for payroll as that should help narrow it down.

Use this template from the ICO
https://ico.org.uk/for-the-public/how-to-make-a-data-protection-complaint/ to structure an email to the Data Protection Officer and the HRD. Point out where they are in breach of the privacy policy.

Add in - as payroll/HR have confirmed this is their error it is within their control to correct this. All Payroll Systems have the capability to be manually overridden to correct an admin error. As I have been paid incorrectly for 4? Months and have raised a grievance the Payroll Manager is fully aware of this ongoing problem. There is no reason why between the first and final pay runs each month the Payroll Manager cannot check my pay is correct and if not over ride the system.

Then detail the issues it is causing you, the financial loss and the time you spend sorting it out. Include that you may need to use a food bank and that it is extremely stressful.

Finally request again the letter setting out the payroll errors in HMRC reporting. Point out that it is unreasonable for them to not provide this when it is their error.

If you are in a union talk to your union rep.

Come back here if that doesn’t get you the desired result.

This is really poor. Have you actually reported this to HR, followed up on your last grievance? and cc'd your manager in?

Has your employer changed the amount you have been paid on your HMRC account to the corrected figure? If they have corrected it then you can do an RTI dispute with universal credit as they can access the figures directly from HMRC.

I'm not sure what the procedure would be with council tax benefit.

Doesn't help when it messes up what op is entitled to

Thank you. I will follow up the data protection points as suggested.

I can assure you that I have raised this with HR, raised a grievance (rejected again as they say it needs to be resolved informally - despite it being 4 months and causing financial distress etc) and informed my line manager. I have simply got nowhere and am feeling pretty broken over it all. I can’t sleep and am so stressed. Have spoken to my GP who has put me on antidepressants but when you can’t even pay for your rent it all feels pretty hopeless. Will follow up on everything suggested. Thank you.

Apologies I should have added that they haven’t corrected the HMRC record. They have issued me with a payslip that looks like I have been paid but nothing went into my bank (I think they must have stopped the payment? So - but neither I nor HMRC have had anything in writing). Until I get something in writing I don’t think Universal Credit will do anything. It feels so hopeless.

So they say they have paid you but they haven't??

Yes. That’s correct.

I think (although am waiting for them to confirm in writing) it seems like they were going to overpay me for the fourth month so put some sort of emergency stop on the pay. A pay slip was issued and HMRC were informed I had been paid but I received nothing. Now can’t get the full universal credit payment I should be entitled to or council tax support etc.

As it’s the fourth consecutive month of pay problems I don’t have access to any reserves (credit etc) so can’t even pay my rent.