Possible falsified payslips?

[SomethingSuss]

I started a new job earlier this year. Just part time and for National minimum wage. I had heard nothing but negative things about the company before I started but the hours and location suited me and I'm also fairly confident to stand up for my rights to reduce piss taking.. a bit. Also, the negative things are stuff that wouldn't affect me too much as I wasn't applying for the job where the workers really are treated badly. That's the full time workers.

Here's the thing that does actually affect me though. After working there a while I discovered that I was expected to undertake mandatory training on my own time. It works out to be 40 - 50 hours of it. When I was asked if I had started I said no of course, because I hadn't yet found time on my shifts to start and because I'm on NMW, that would make it illegal as they then would be paying me under NMW (around £400 in unpaid work). I "wouldn't want to make them break the law now would I?".

I've received this month's payslip stating I'm on a new pay rate (never discussed) 50p an hour above NMW. My actual pay begs to differ though. I received exactly NMW. When queried they have claimed it an error and shrugged it off. What's going on do you think? Genuine error or something more? I'm thinking of waiting til next pay to see if the error gets rectified but if not, what would be your next move? Official complaint? Report to HMRC? Anywhere else and I would think it's a mistake and not give it a seconds thought but given the company's reputation my mind immediately went to "dodgy as fuck".

I can’t see how they benefit from giving you payslips that show you getting paid more than you are.

Usually, payroll is payslip data to complete their HMRC returns, so if they are, they will get a bigger bill for employer tax and NI than they should.

If they don’t use payslip data, someone in payroll is having to do a lot of extra paperwork - the payslip data, HMRC data plus running actual payroll - rather than just one

I would give them the benefit of the doubt for now but maybe subtly ask colleagues if there are ever errors with payslips

Thanks for the reply. I'll wait then. The part timers on the same wage as me all had the same and my first thought was that we had all received a slight pay increase so that work could justify the mandatory training we are all expected to undertake. I resigned myself to the fact I'd have to get on it now. However, seeing that my actual wage hasn't increased, only what's down on paper, I'll hold off on that.

Have you received a different amount in your bank to your payslip?

www.acas.org.uk/getting-paid-for-mandatory-training

I would check that they have been paying employers NI.
I worked somewhere once where payslips were a bit odd, sometime later I was sorting a tax refund and HMRC had no record of my employment there at all - none of the tax/ni I had paid had made its way to them. And the ink on the payslips I had kept (which was all of them) had faded to be essentially unreadable. Luckily I didn't work there for long so won't have impacted my state pension/other entitlements too much

@AuntieDolly yes. My payslip is for the supposedly new rate (even states "new rate") but I only received current NMW for hours worked into my bank. The difference isn't massive but the amount is definitely not at the "new rate". Also, my hours are not regular so each month my totals differ so it's not like the usual standard amount was paid by accident.

@Mumteedum thanks, that's the article I was referencing when I was asked if I had started my training yet. A few free hours? Sure. But it's a good £400 worth of unpaid work there when I'm a NMW worker doing about 16 hours a week. That's like getting a wage with three whole weeks worth of work missing.

This is odd, and not good. Their book keeping won't reconcile if they are paying you a different amount to what the payslip says.

I’d email them so you have a record of it and advise that you’ve received your pay slip stating your net pay is xxx however you have only been paid xxx into your bank account and you would be grateful if they could resolve this issue please and either provide a new pay slip for the correct amount or put the shortfall into your bank account.

I’d suggest all of you with the same issue do the same thing.

I’d be looking for a new job as this lot sound dodgy.

I don’t know how to check if your ni has been paid. Thirty odd years ago I worked for a company who didn’t pay my ni. I had no idea at the time. Fortunately it wasn’t long before I got a better job. I hope you do too. They shouldn’t be expecting you to undertake training in your own time unless this was an arrangement made prior to you taking up post, like you getting a professional qualification in your own time was a condition of the job or something as they need you to have whatever qualification to work there.

OP make sure you keep copies of payslips and bank accounts showing amount paid. If I understand you correctly the pay slips show net pay £400 but only £350 goes into your bank account. If that is the case this is unlawful and as a pp said it maybe they are not making correct declarations to HMRC.

You could refer your case to HMRC now but I would do as @Elieza suggests and query this in writing. Wait for their response and also your next payslip to see if there is a pattern. If so then contact HMRC.

There are two key concerns 1) you are being underpaid and 2) your NI/Tax records may not be accurate. Once the current tax year is passed and you have received your P60 (June 2022 ish) log onto your HMRC account and double check your NI and tax records are accurate.
As long as you have a payslip showing NI has been deducted HMRC will credit your NI record.

Be careful. My husband worked for a company that eventually went under because of bad financial management. They'd been deducting his national insurance from his salary but not paying it!!!!

Thanks everyone. The first thing I did was message payroll and the reply I received was that there was an error and it would be dealt with in the next payslip. I do intend to wait and see but I'm just not sure where this is heading. Because of everything I've heard about this company I'm overly suspicious so perhaps I am overreacting. I guess we will see.

Good plan. Hopefully they will sort it.

Meanwhile look for another job.

Well I wouldn’t be doing a full week of mandatory training for no pay.

[quote SomethingSuss]@AuntieDolly yes. My payslip is for the supposedly new rate (even states "new rate") but I only received current NMW for hours worked into my bank. The difference isn't massive but the amount is definitely not at the "new rate". Also, my hours are not regular so each month my totals differ so it's not like the usual standard amount was paid by accident.[/quote]
But you surely wouldn’t receive NMW into your bank because there are deductions?

Your payslip should detail what you earned, followed by deductions, arriving at a net salary figure which should equal what was paid into your bank account. I would be surprised if you could attribute what was paid into your bank account as any kind of recognisable hourly rate because it will be after your NI and income tax.

I wouldn’t be doing any training in my own time either. Keep looking for a new job. And lol on acas website and see if there is guidance on training in your own hours as I’d expect it’s not on.

Even if they did pay you 50p over minimum wage they'd still have to pay you for 800 hours, so a whole year at that rate to make up for 45 hours worth of training!

It does sound dodgy. Although there probably isn’t any NI on your salary anyway, if you are part time and on NMW. The Employer’s NI threshold is £736.67/month and the threshold for employee’s NI is about £797/month.

But you surely wouldn’t receive NMW into your bank because there are deductions?

No deductions when you're on NMW and part time. That's how I calculated the 40+ hours of "mandatory training" as being three weeks worth or work.

I know of a nanny (employed, contracted, salaried) who had this issue with her payslips OP.

Upon speaking with two agencies, it transpired that the family (her employer) had failed to pay her National Insurance contributions for the entire time.