Some help would be nice...

[MattyA]

Could do with some advice, from someone who knows about employment law etc.

Have been signed of with work stress for a period of time.

Initally on full pay, however the school did not send in a date to payroll for when I should go on to half pay, when they realised, I had already been paid my full wage, so this month they have recliamed the difference from my half pay, meaning i have recieved just over a quater of my regular pay.

I had planned and budgeted in advance for surviving on half pay, I now face the prospect of having to try and pay for my mortgage, and other financial commitments.

Question is: As it was their error, were they not obliged to contact me on discovering the mistake, and arranging with me a schedule for returning the money? Im not interested in getting one over on them, its their money, however the way they have retrieved it, has put me in an extremely difficult situation!

Would be nice to get some help on this one!

[Jonny]

This is not good. You don't say how long your sick leave has been so far, but as you appear to work in education I understand the timescales involved. You would not ordinarily be told when the statutory full pay time period ends and your half pay starts, however the admin error could give you grounds for a mutually agreed period of payment as you are now placed under some, albeit temporary, financial hardship. Are you in a union? If so contact them and let them broker on your behalf.

[BridLupo]

So am I right in thinking you have only really recieved what you should have its just you got more that you should have last month and as a result your now skinted this month. Did you not save the extra from last month? Not exactly good for stress is it

[MattyA]

Yeah im a member of the NUT

Have been off for 5 months and work in the independent sector.

[MattyA]

So am I right in thinking you have only really recieved what you should have its just you got more that you should have last month and as a result your now skinted this month. Did you not save the extra from last month? Not exactly good for stress is it

Last month I recieved my usual salary, this month I recieved a roughly quarter, next month I'll recieve half my usual, plus SSP and maybe pay less tax/ni?

My savings have gone to pay for a new combi boiler (£1200). When it rains, it f'in pours!!

[Jonny]

I would contact your rep, they will have the most up to date legals and will no doubt have come across similar situations; my experience of payroll/ admin suggest that these things are not uncommon but as you work for an independent, I am unsure as to who administers and provides pay ( assuming they are not an LA) therefore may not be bound by exactly the same rules & regs as a public service employer.

[cavey]

I work for a University and was over paid at xmas. My employer threatened to take full payment back. The advice i was given from unison was That the money is theirs and they can ask for it back. However as the mistake is theirs they have to ask you for it back not just take it. you can then make an offer of payment even if it is only £1.00p per week. Hope this helps knowing this information helped me a lot. Good luck with your employer.

[Adam K]

i don't understand the issue here. you were overpaid and they want their money back and you have already spent it.

surely you are in the wrong here?

[cavey]

i don't understand the issue here. you were overpaid and they want their money back and you have already spent it.

surely you are in the wrong here?

Thing is the employer is at fault for the error, they set the guidelines by which you are paid. Although in matt a's case it appears to be a genuine error, in my case it was gross incompetence. however my understanding in the law as it stands is the whatever the fault maybe your employer just can't say sorry we flamingoed up, your mortgage will have to wait because we are taking the lot. As long as matt a accepts the fact that the money is theirs and offers some form of payment his employer is duty bound to accept that. as i told my employers who immidately backed down from taking the lot.

[MattyA]

i don't understand the issue here. you were overpaid and they want their money back and you have already spent it.

Try reading my first thread, not peoples subsequent replies, I was not overpaid last month!!! I recieved my usual wage, I assumed as i have had 7 years continual service I should be entitled to 6 months full pay, 6 months half pay.

The error has occured as they claim that the start point for continual service, should be when I started teaching! this has meant that the over paid me, as in, I should have recieved half pay and not full pay, they have subsequently just taken back the difference, leaving me with... well basicly f'ck all!!

Had you also bothered to read, you will have noticed that I couldn't give two f'cks about getting one over them in terms of keeping their money. They can have their money, it aint mine!!

Instead off just crashing in with some irrelevant comment, why not read what has been written first, you can then put your opinion across, rather than looking like a tw'at!

Edited February 27, 2007 by matt a

[cavey]

Try reading my first thread, not peoples subsequent and misunderstood replies, I was not overpaid last month!!! I recieved my usual wage, I assumed as i have had 7 years continual service I should be intitled to 6 months full pay, 6 months half pay. The error has occured as they claim that the start point for continual service should be when I started teaching! this has meant that the over paid me, as in I should have recieved half pay and not full pay, they have subsequently just taken back the difference, leaving me with, well basicly f'ck all!!

Had you also bothered to read, you will have noticed that I couldn't give two f'cks about getting one over them in terms of keeping their money. They can have their money, it aint mine!!

Instead off just crashing in with some irrelevant comment, why not read what has been written first, you can then put your opinion across, rather than looking like a tw'at!

Sorry matt a i had also misunderstood and thought you had been overpaid. I like you would have assumed your service would have been your start date with your current employer. Have a careful read of your contract and also get the union to check it is all above board. Is there any way in which you can reach an arrangement with your boss?

Edited February 27, 2007 by cavey

[Mr ColinG]

Sorry matt a i had also misunderstood and thought you had been overpaid. I like you would have assumed your service would have been your start date with your current employer. Have a careful read of your contract and also get the union to check it is all above board. Is there any way in which you can reach an arrangement with your boss?

Was going to ask, what does it say your entitled to in your contract ?

[MattyA]

There seems to be confusion over my start date, although I have worked for them for 7 years, they have put my start date from when I started teaching, so 2 years ago, which would mean I was entitled to 8 weeks full, 8 weeks half, however I recieved full pay for 4 months, I assumed this was because they had to include my previous service!?

[MattyA]

Sorry matt a i had also misunderstood and thought you had been overpaid.

No worries mate.

[Adam K]

Try reading my first thread, not peoples subsequent and misunderstood replies, I was not overpaid last month!!! I recieved my usual wage, I assumed as i have had 7 years continual service I should be intitled to 6 months full pay, 6 months half pay. The error has occured as they claim that the start point for continual service should be when I started teaching! this has meant that the over paid me, as in I should have recieved half pay and not full pay, they have subsequently just taken back the difference, leaving me with, well basicly f'ck all!!

you've lost me now. first you say that your were not overpaid, and then you say that they overpaid you.

make your mind up.

[MattyA]

this has meant that the over paid me, as in, I should have recieved half pay and not full pay

Adam - Have you got anything useful to add? If not go and find someone else to wind up, maybe on the Seat forum! Cheers

[Silver!]

I work in FE/HE. We are entitled to 6 months full and 6 months half pay whilst signed off.

I would contact Union rep and let them assist you.

Payroll didn't deduct one of my teams pension contributions for six months and asked for it back in a 'oner'. Ritch advised that he couldn't afford it and advised what he was willing to pay (after talking with Union Rep), they agreed and he paid a rate he could afford.

Good luck.

R

[MattyA]

Thanks for the useful advice people, sometimes you need the obvious pointing out.

Payroll didn't deduct one of my teams pension contributions for six months and asked for it back in a 'oner'.

Yeah they also did this to me, asked from day one about my pension contributions, they said I was able to specify a start date, they then got back to me and said I owed them £750, which I had to pay in a 'oner' needless to say that was my savings spent again!

May as well continue my rant:

Went there as an NQT (Newly Qualified Teacher), and asked about starting the LEA induction course, which is open to independent schools, although not compulsary, and 2 years down the line im, yet to even start it, all of which means when i leave, next month, i will drop down 3 payscales and lose my SEN (Special Educational Needs) point, feels like ive been wasting my time!!

[Nicki]

TBH, you're lucky to even get full pay then half pay - most of us would be straight onto only SSP from the word go.

SSP is only available for the first 28 weeks of illness - your employer will have been reclaiming SSP from the government from when you first went off sick - you will not get SSP on top of your full/half pay.

If it was within the terms of your contract for them to reduce you to half pay after 5 months then they are within their rights to collect the monies paid to you in error last month. However, if it says in your contract that last month should've also been at full pay, then I'd speak to the payroll department (I'm assuming within the council - borough treasury?) to clarify what they've done.

Hope this helps.

[IDGM]

I've read your first post and ignored the rest. My girlfriend is a primary school teacher and was off work for a while after being knocked down in August 2005. Her occupational sick pay scheme is for six months full pay (subject to previous previous OSP payments), then six months half pay. All these payments include SSP for the first 28 weeks absence.

Her pay slip clearly states that all errors, whichever way those error are, will be corrected on the next months pay. This is also in her contract of employment and is, I imagine, standard proceedure in local authority contracts and matched for those in independent education. I think you'll find it impossible to plead ignorance on this one. "Initally on full pay, however the school did not send in a date to payroll for when I should go on to half pay, when they realised, I had already been paid my full wage, so this month they have recliamed the difference from my half pay, meaning i have recieved just over a quater of my regular pay." This reads that you have had a seventh month of full OSP when you are only entitled to six. You have already received the money in advance (last month). You say that you had planned for the shortfall, so the overpayment should still be in your account untouched because you weren't expecting it. You should have reported the overpayment to your employer. I'm sorry for being hard, but you alone are responsible for your day-to-day accounts, not your employer.

I am in charge of our Company payroll, and to be frank, the amount of times that it is 'my fault' that the staff fail to budget for predictable shortfalls in income beggars belief. This can include expecting holiday pay after the years allowance is already used up, doing overtime and not clocking out, having a weeks holiday pay in advance (because they can't save up) then not getting paid the week they're off because they've already had the money. Two guys have each received £30 per week extra for the last twelve weeks for nothing. I am reclaiming that at the same rate, yet neither of them said anything even though it is listed as a seperate item on their wage slips. They are straight upstairs if I miss a £1.50 payment for lunches, funny isn't it?

Edited February 28, 2007 by IDGM

[MattyA]

I know im fortunate to be in the position of getting full and half pay for so long, but I have served my time to be entitled to that.

The school I work for is in the private sector, owned by the Prior group (of 'The Priory' fame), and to say the work is challenging would be an understatement, I have a class of 6 (£150,000 in total per year, each) 15 year olds with Emotional & Behavioural Problems, all from 'difficult' backgrounds, most of them violent, which means on a weekly basis, I will be involved in restrainting pupils (TEAMTEACH, intervention) and subjected to both physical and verbal assults (all go uncharged), on top of the usual teacher workload (which im sure you all think is a breeze with all those holidays!).

So please forgive me for thinking I deserve my sick pay!

Edited February 28, 2007 by matt a

[KimmyJFK]

Think teachers in some respect have a very very tough job to think you are mapping the lives out of our future yoouth whatever you teach them they learn!!!

Very Difficult.

In your case I think you need to keep in contact with you school and make them aware of your situation every step of the way if your going through financial difficulties contact your Citizens Advice (who will give you the much needed info)

Kim

Edited February 28, 2007 by KimmyJFK