Urgent advice needed

[Fattytwoshoes]

Dp has just rang up and said he need his last payslip becuase the company has said he's been overpaid. Said if don't get payslip he'll loose 99 hours and have a low wage this month. I'm fuming they should have done it right in the first place Grrrrr. they were short staffed all through n0v/dec/early part of january and he was working everyday bar one. i am sooo annoyed.

Basically what i am asking could they take it all back in one go? or is it right if they take all his overtime away and he gets none even though he's worked his guts out helping them out when he didn't have to?? Grrr advice welcomed .

Anyoen??

no one????

Why do they need his payslip? They should have their own records.

If they withhold his pay without good reason (and, if they can't prove he's been overpaid through their own records, they cannot just deduct what they think is an overpayment), then that's unauthorised deduction of wages and is a breach of his statutory rights.

If they do it, he should raise a grievance immediately. Does he belong to a union?

call acas they are fab at things like this

acas

no i think the payslips and stuff are done via another company. The big boss wants to check his payslip cause they think he's had too much money i think it's wrong he has done alot of over time. if he doens't give them his payslip he'll loose all his overtime this month, grrrr can they do that?

anyone else

They still get copies of all payslips and report's if the payroll done by an outside company.

I don't think that they can take back the money in one go.

From what i remember when dh was overpaid, we spoke to my mum who is a payroll manager and she said that they had to write to us and come up with a scheme to it back over some months, as they are not allowed to leave you short of money. Also they can not just take the money without your permission.

HTH.

just been looking i think they can take the money but have to write to us like you say but i can see they are just gonna say to him, makes me mad.lol

he's also done another 99 hours of overtime or something along those lines they are threatening not to pay him those if he doesn't give in his payslip so they can sort it out?? Is that right, he's worked all those hours but if overpayment he won't get them??

Fattytwoshoes I think you need to either contact his union or acas as wurlywurly says or even the CAB.

They will have a record of his payslips as all outside payroll company will give the companies copies and reports for their records.

Something similar happened to dp some years back. I seem to remember he had to pay back the overpayment BUT only a manageable amount each month.

Really - contact ACAS. 08457 47 47 47 . Being able to quote whatever they advise you will carry more clout that quoting advice you get off this forum (which does not mean that the advice you get here isn't good but it sounds like you need to act quickly and with some authority).

There are regulations about employers keeping pay records and you should find out what his rights (and those of his employer) are in this respect.

Legally they are entitled to take back an overpayment (was known as a mistake of fact or a mistake of law - depending on the type of overpayment).

however

It would be considered best practice to explain in full the situation to the employee before taking any action and come to some sort of agreement to make the repayment. Some people will just want to pay it straight back, others may have unknowingly (or knowingly) have spent the extra. An agreed amount over an agreed (reasonable) amount of time is often used. Agreement should be put in writing with the clause that any outstanding can be deducted from final pay upon leaving.

I would expect them to act promptly on this one and not do anything until he is in agreement. I think he should co-operate with giving them a copy of the payslip. Sounds like they have cocked up but usually best to cop-operate and sure he can validate his reasons for not wanting to pay it back as one lump sum.

Did he not notice the high pay before, was it more than he was expecting or did he query it?

At the moment they are not sure if he has had an over payment they just wanna check it. It's so confussing they haven't said what else they are doing or if indeed it's been a over payment. I did an extra 99. hours or something. We didn't think anything of it because of all the over time and thought that it had amounted up to that.

( it is fattytwoshoes, name change)

thanks for the advice guys.