Payslips alternating between overpaying and underpaying

[LemonStork]

Hi all, was just wondering if anyone has experience of working in care and having payslips that are wrong almost every month - either underpaying or overpaying by calculating the hours worked incorrectly? My contract has a clause about how payments that are wrong will be rectified the following month - but I'm wondering if my employer is breaking the law if my underpayments leave me under the minimum wage for that particular pay period?

I don't have experience of this happening to me but you're right, this is an issue and they are breaking the law if you're falling below the minimum wage. Do you have a document of your hours? You need to raise it with your payroll/HR area in writing. If it still keeps happening then I'd consider something more formal like a grievance. ACAS are super helpful and free if you need to chat his through with someone.

If you are overpaid for one month and they recover the costs the next month leaving you with less money that does not mean you are paid less than minimum wage. You are paid an hourly rate, that I assume hasn't changed? Keep track of your hours and make sure you are being paid for every hours worked.

This is correct

The costs are recovered, correct. So the mistakes essentially leave me below minimum wage for a given month, but then the next month (or the month after that) I do get the money. So it's not that I'm not paid for the work at all.

You are being paid though so there no minimum wage issue because they are paying you. Are you varying your hours every month? Is there a time lag on overtime paid. For zero hours people or people who work irregular hours there is often a catch-up on hours worked the following month. You should have a chat with payroll to determine whether there's any way you can be paid on a more consistent basis.

I am not sure if this helps, it’s HMRC guidance. https://www.gov.uk/guidance/calculating-the-minimum-wage/calculating-the-minimum-wage

I think because it is recovering an overpayment they are just on the side of OK.

However, why are they overpaying? That suggests they are anticipating you working more hours in the pay period than you actually do. I would start here, because if they stop the overpayments then the recovery is not necessary.