Wages screw up by Employer - anyone know my mums rights?

37
Found 31st May 2011
My mums wages were due to be paid into her bank earlier this month but weren't. The hotel she works for phoned her to ask if she had been paid as someone had received two wage payments and they were trying to track down who hadn't been paid. Anyway they said to her they were getting a cheque back from the other lady for the extra payment and would be sorting this out. She has since spoken to the accountant 3 times who said it was being dealt with and last time she went up and blew his head off she discovered that he has outsourced the payroll to an external company. She was initially given the impression it was a bank error but has now been told it was the payroll company but the accountant didnt seem to think it was a big deal and couldnt understand why my mum was so upset about this. Checked her bank today and wages are still not in. This is her ONLY source of income and she is on a very low wage anyway but doesnt work enough hours to get tax credits - not very many companies will employ a 59 year old full time - not that there are many full time jobs in my area!!

Have just told her that are wages still arent in - she is flaming and is away up there to speak to a manager incase they are not aware of the situation. She has already been overdrawn and has all her direct debits and standing orders coming off tomorrow. What rights does she have, and will her employer be liable for any charges\payment penalties she will incur?
Thanks for any info!
Community Updates
MiscScrews
37 Comments
She has a right to be paid, and the fact that the employer has messed up isn't her fault.
Theoretically they should be liable for any late payment charges if it can be proved that she would have paid them bills on time. Proving it though is the difficult thing.

Good luck
Banned
Any decent employer would see your Mum ok in this situation.
surely they could have just paid the money to your mum & then got the money back from the other person?!
Ask them to pay part of the wages from petty cash, so she can put it into her bank account.

Edited by: "SUMMONER" 31st May 2011
Banned
Why are they mucking about with cheques from the overpaid person? Tell them to get her wages in the bank today or she's taking legal advice. Simples.
Original Poster
I have a funny feeling the hotel managers know nothing about this and that the accountant is trying to do this without them finding out as he was the one that persuaded them to outsource payroll so he could take a step back and do an easier role? Waiting to hear back from my mum to see what the latest update is but thanks for feedback so far - I just cant believe its still ongoing!
dimebars

Why are they mucking about with cheques from the overpaid person? Tell … Why are they mucking about with cheques from the overpaid person? Tell them to get her wages in the bank today or she's taking legal advice. Simples.



^^^^^^This^^^^^

It's not her fault that her employer has overpaid someone else, and it's up to the employer to sort it out. If that means that they're out of pocket for a while then so be it.

Who at the hotel actually phoned her to ask if her wages have been paid? If it was the account, she shold forget speaking to him and go directly to management.

If they don't sort it out quickly, tell her to go to citizens advice.
Banned
they will have to pay any late or penalty charges. Tell your mum not to panic.
If they are half decent company they would have got petty cash to her immediately. It is not either your mum or the other workers fault, it is the company. They also ought to reimburse any charges occured due to overdraft / ovedrawn/DDs not being honoured.
Firstlytheperson who has been paid twice is under no obligation to give the money it is the companies error obviously they would more than likely dismiss the person. Secondly due to your mum having worked those hours she is legally obliged to be paid, the company should of realised the error and bacs transferred her money into her account and then took up the extra payment with the other employee, a cheque wil, take 3-5 working days to clear, tell your mum she wants the money in her account today the company can pay I think ten pounds to get it cleared into her account almost immediately. Does she have a wage slip
Banned
jonny619447

She has a right to be paid, and the fact that the employer has messed up … She has a right to be paid, and the fact that the employer has messed up isn't her fault.Theoretically they should be liable for any late payment charges if it can be proved that she would have paid them bills on time. Proving it though is the difficult thing.Good luck



proving it is really easy, if she usually gets paid on say the 25th, and she has 3 direct debits come out on the 26th, if she can show the past couple of months bank statements showing they are usually paid, and this month they bounce, its not exactly rocket science to show its the employers fault.

I would make her employer aware that she has direct debits due out tomorrow and she wants any bank charges and/or late payment charges from the companies paying by them, also tell her to say it has nothing to do with her where the money has gone, doesn't care about them getting cheques or anything else from the person who has been overpaid, she wants her money and they can sort it out with the other employee as they like.
This happened to me once.
My employer paid my bank charges without batting an eyelid.

I would've asked my employer before posting a thread on HUKD first though.
Banned
thesaint

This happened to me once. My employer paid my bank charges without … This happened to me once. My employer paid my bank charges without batting an eyelid.I would've asked my employer before posting a thread on HUKD first though.



You mean you actually had a job once?


LoL
guv

You mean you actually had a job once?



When he says job he probably meant the fortnightly stint to the job centre, and when he says employer he is most likely referring to the nice lady who hands out our tax money to bone idle scum bags...(_;)
Banned
thesaint

This happened to me once. My employer paid my bank charges without … This happened to me once. My employer paid my bank charges without batting an eyelid.I would've asked my employer before posting a thread on HUKD first though.



have you read the thread, they have already spoken to the employer and are getting messed about, knowing what they can and can't say when they go back is obviously going to help.
colinsunderland

have you read the thread,



Yes.

colinsunderland

they have already spoken to the employer and are getting messed about, … they have already spoken to the employer and are getting messed about, knowing what they can and can't say when they go back is obviously going to help.



I read it that she has spoken to the accountant.
She is saying that she may speak to the manager, as she doesn't think they are aware of the situartion.

Smart Alec, you are not.
op tell your mum to go in and see the GM or HR manager, explain to them whats happened as i doubt the accountant has told them there is a problem, she needs to make sure she tells them about the direct debits and how much the bank charge if they are returned, she needs to tell them she wants her wages within the hour or she will seek legal advice ( only mention this if they get shirty) 99% of GM's or HR managers will take the money out of petty cash and pay her, only if this other person was paid via a cheque nots bacs , ive had this happen 100's of times when i worked at hotels , I'd worked in hotels for over 18 years
my new starts and international staff always had this problem with our payroll department, why is she getting paid with a cheque and not bac's? if it went in via bac's its so much easier to trace and return to sender ( call it back) and then resend to the persons original account
Banned
colinsunderland

have you read the thread,

colinsunderland

they have already spoken to the employer and are getting messed about, … they have already spoken to the employer and are getting messed about, knowing what they can and can't say when they go back is obviously going to help.

The hotel she works for phoned her



From the OP



then mentions the accountant seperately, so presumably it was two different people. Even so, speaking to the person who deals with the wages should be enough.

What was your great advice for the OP again?

colinsunderland

What was your great advice for the OP again?



Speak to her employer, not the accountant.


Banned
what happened then?
Banned
lol @ sainty.
OP update please ?
Banned
OP disappears back to fairyland
I am also in a similar position although, my manger put the wrong bank account number in so somebody else has my wages. They are saying that i can only be paid when they recieve my money back from this other account, although this wasnt my fault. Legally can they do this and legally does that person whom ever the money has gone to have to give back the money? Please help if you can, thanks.
peepod

I am also in a similar position although, my manger put the wrong bank … I am also in a similar position although, my manger put the wrong bank account number in so somebody else has my wages. They are saying that i can only be paid when they recieve my money back from this other account, although this wasnt my fault. Legally can they do this and legally does that person whom ever the money has gone to have to give back the money? Please help if you can, thanks.



Phone citizens advice. They'll know better than HUKD... which is a site about deals.

Jus sayin.
unquestioned

Phone citizens advice. They'll know better than HUKD... which is a site … Phone citizens advice. They'll know better than HUKD... which is a site about deals.Jus sayin.



More interested in bumping an old thread
Banned
No you don't have to wait for the money to get back to your boss. demand your wages Now!
Peepod , you need to hack into the banks bacs system and trace your wages..........simply then visit the address with a water pistol and get back your cash.
peepod

I am also in a similar position although, my manger put the wrong bank … I am also in a similar position although, my manger put the wrong bank account number in so somebody else has my wages. They are saying that i can only be paid when they recieve my money back from this other account, although this wasnt my fault. Legally can they do this and legally does that person whom ever the money has gone to have to give back the money? Please help if you can, thanks.



Legally, they don't have to pay the money back, but it may be part of the contract. Regardless though, the employer cannot delay your pay because they made a stupid mistake. Tell them to get it sorted ASAP.
peepod

I am also in a similar position although, my manger put the wrong bank … I am also in a similar position although, my manger put the wrong bank account number in so somebody else has my wages. They are saying that i can only be paid when they recieve my money back from this other account, although this wasnt my fault. Legally can they do this and legally does that person whom ever the money has gone to have to give back the money? Please help if you can, thanks.



Sounds stressful for you but your manager is talking out of his backside. You are entitled to your wages on time, despite their screw-up with the bank account numbers. Someone needs to be held accountable, but so long as you gave the correct details that shouldn't be you and you need to go back and discuss this with your manager or to go above his head and go to his manager etc.
I entered 7.5 hours for a day last month but the place I work said their "budget" could only stretch to 7 hours (after I had worked it!) and so only paid me for the 7 hours.

Fortunately I am only there for the experience & life skills - as opposed to the need for the money....Still, I know it's only 30 minutes, but such a cheek in my opinion.
Firefly1

I entered 7.5 hours for a day last month but the place I work said their … I entered 7.5 hours for a day last month but the place I work said their "budget" could only stretch to 7 hours (after I had worked it!) and so only paid me for the 7 hours.Fortunately I am only there for the experience & life skills - as opposed to the need for the money....Still, I know it's only 30 minutes, but such a cheek in my opinion.



Just claw it back, 5 minutes late in, bit extra for lunch etc.
Firefly1

I entered 7.5 hours for a day last month but the place I work said their … I entered 7.5 hours for a day last month but the place I work said their "budget" could only stretch to 7 hours (after I had worked it!) and so only paid me for the 7 hours.Fortunately I am only there for the experience & life skills - as opposed to the need for the money....Still, I know it's only 30 minutes, but such a cheek in my opinion.



If you let them get away with it once, you are just setting a precedent.
Where I work, if I have to work extra, it's always rounded up, unless it ends up being a 20 hour shift, then it get's rounded up by 4 hours & I can come in 5 hours late the next day but get paid for them.

This is only because I set a precedent & if they refused, it wouldn't get done (My industry can be time critical)

Stick it to the man!
super_leeds_86

Just claw it back, 5 minutes late in, bit extra for lunch etc.



It's in a healthcare profession and so lunch isn't exactly scheldued ... generally just eat alongside the patients as no time for breaks.
And 5 minutes late in, means I enter in the log that I start at e.g. 7.05 and finish at 16.05 - perhaps i'm too nice
Still, they made millions in profit last year .... not exactly in financial trouble!
To be honest, I'm there so I can move to better things in the future so work my socks off and try everything to my best ability - no slacking But if somebody did need that little extra money, it's totally unjustified.
Edited by: "Firefly1" 4th Oct 2012
nikkiandmidgets? I think I've seen your movie oO
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