- December 3, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: Concerns about Salary Changes and Overpayment Deductions in New Employment Contract
As a single full-time parent, I recently secured a 30-hour workweek contract with a major corporation. However, I have encountered some issues regarding potential changes to my salary and a deduction of £306.38 from my December wages due to overpayment. I am unsure of the legality of these actions and the implications they may have on my financial stability.
The thought of a salary change and an unexpected deduction is causing me significant concern, especially as I am the sole provider for my household. I would greatly appreciate any guidance or insights on the legal aspects of these matters.
AI Legalese Decoder can be an invaluable resource in this situation. By using this tool, I can input the details of my employment contract and the circumstances surrounding the salary change and overpayment deduction. The AI Legalese Decoder can then analyze the legal language and clauses in my contract to determine the rights and responsibilities of both myself and the employer. Additionally, it can provide an interpretation of the relevant labor laws and regulations to assess whether the proposed actions by the corporation are within legal bounds. This insight can help me make informed decisions and take appropriate steps to address the situation.
I am grateful for any assistance or advice that can be offered, as I navigate this challenging circumstance. Thank you in advance for any replies and support.
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****** just grabbed a
As you are working part time, does your contract state:
1) you will be paid x for full time, and itÔÇÖs a case that your contract didnÔÇÖt state your pro-rata salary; or
2) you will be paid x for 30 hours
What does your contract state?
What salary is on your contract?
That’s what they legally are obliged to pay. But if you refuse and have less than 2 years service you can be easily dismissed. So you have to weigh this up against the 5k.
Personally, as a lone parent, I’d accept, stating that you will reluctantly accept the reduction, despite the legal contract stating the salary (but look for work elsewhere. )
It may be that the loss makes you eligible for universal credit to offset some of the loss.
Updated – If this is the prorata salary, you have no comeback. And as above, if you wish to remain working there, you will need to accept, as it is widely accepted that if taking a part-time position, the salary is proportionate to the hours.
if you signed a contract that had a stated salary and there has been no material change to your terms of employment since start then my understanding is they cannot without your consent.
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Edit 1
As OP is pro rota the deduction is reasonable. Companies have 6 years to claw back over payments.
I just read your letter. Just so itÔÇÖs clear, if it said ┬ú20k (or whatever) full time, and will be pro-rataÔÇÖd that makes your wage ┬ú15k. Some numpty in accounts messed up and paid you as if your wage was ┬ú20k. You should have realised that they paid you ┬ú300 too much. Yes itÔÇÖs annoying, but that money is theirs.
They must pay you the contractually agreed salary. If you donÔÇÖt agree to a reduction they can fire you day 1 as per your probation or notice period.
Either agree to the reduction or look for another job, frankly
Two issues here:
1) Is this actually a salary reduction from what was agreed, or is it that you have been accidentally paid full time hours instead of the part time hours you actually work?
2) Are you aware that if you push too hard you will probably just get sacked and you donÔÇÖt have enough service to claim unfair dismissal?
What does your offer letter say?
It’s tricky because fire and rehire to reduce salary is a perfectly legal position despite how horrifying it is from a contractual point of view. Essentially whatever is in the contract is more or less meaningless if you have less than 2 years of employment.
I would accept the reduction but make sure you communicate that you’re unhappy with this and that you do not consent to any deductions from your following payslips to recoup the overpayment.
From your question, did they:
A. offer you a salary based on FTE which will then be pro-rated to your part time equivalent and have accidentally overpaid you to the FTE when youÔÇÖve only worked part-time hours, OR
B. did they offer you an agreed salary and are trying to reduce it retrospectively after youÔÇÖve started?
A: If theyÔÇÖve accidentally overpaid you (ie paid a FTE rather than your part-time hours), youÔÇÖll need to repay them the difference. You can suggest a repayment plan over 3-6 months to reduce the impact on you or repay in full. As long as itÔÇÖs a reasonable offer (ie not 50p a month), they canÔÇÖt refuse it.
B: this would constitute breach of contract and is not allowed. They could dismiss you if you donÔÇÖt accept it but this would be a case for ACAS.
.
IÔÇÖve not seen this in the comments yet, but from another post recently;
Make sure theyÔÇÖre only clawing back the POST NI AND TAX (and student loan) amount, not the gross amounts as they need to claim this back from HMRC.
They have no right to the overpayment (as long as it is the correct amount for the mutually agreed upon salary) and cannot change your salary but they can fire you for any reason (as long as it isn’t discriminatory) or no reason for the first two years so may do that if you don’t accept their terms they may do that.
Having said that their position legally is essentially “pay us ┬ú307 we have no claim to or we will fire you”. That sounds like it should be illegal but that argument would be above reddit’s pay grade.
Just to make sure ask citizen advice, ACAS, and your also entitled to get free initial law advice, if you look on google.
They can change the salary going forward, they canÔÇÖt recoup what has already been paid.
They cannot do that, it was sign a legally binding agreement. The terms and conditions were agreed by both parties, to make any change the same parties have to discuss and agree on.
Even if they argue mistakes under contract law will just have the contract void. You relied on the statement of the other party to enter into the agreement.
I suggest seeing ÔÇ£www. acas.org.ukÔÇØ it is free advice and they will guide you to an employment mediation if needed.
If you signed a contract that they state the salary, thatÔÇÖs what they are obliged to pay you. You do your job, they pay you.
However, they could sack you on day one if they want.
DonÔÇÖt really want to work for a company that canÔÇÖt even figure out what salaryÔÇÖs staff are meant to be on?
Are you in a Union? Maybe it’s worth checking the wording of the contract.
So far many have commented about being paid less for the FT-PT conversion. But this is not necessarily true we don’t have enough info.
Your original letter stated one pro-rata salary and HR have said it should be a different amount. This therefore sounds like a miscommunication issue between the recruiting manager and HR.
You should speak to the recruiting manager – the person who wrote the original letter confirming your starting salary – to get the full story before deciding what to do.
This is very confusing. Either they are referring to the actual salary offered which will be prorated being wrong, or they are saying they miscalculated your proration.
From your initial comment I understood that they actually want to reduce the annual salary that you will be paid prorata on, which I personally would think is very bad form indeed. Not illegal perhaps, but I would be furious.
If they screwed up your prorata amount just check it and if they are right let them take it back.