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Author Topic: Legal action for underpayment  (Read 4553 times)

Jerrymouse

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Legal action for underpayment
« on: 08-02-18, 12:32PM »
I have had it with Tesco payroll people, they underpaid me at xmas so i sent in a mega detailed list along with all time sheets I had printed from clocking in etc

NO ONE BOTHERED to respond and my (new) line manager who was not aware of previous dept hours said payroll told her it was all fine, no explanation, nothing in writing so I asked my new manager ask on my behalf for the hours to be checked again. The dept store manager doesnt seem overly keen to resolve this .....

They paid in February and still seems wrong on the basis that over an 8 week period where I did 223.50 hours I have only been paid £1180.16. If I am paid base pay of £8.64 an hour then this is clearly wrong isnt it?

In the first dept i was working Sat*rday and Sundays so got a premium but im totally lost on all the codes on payslip, I have the following

location pay ( I KNOW what this is)
Sunday overtime
Overtime 1
Night overtime 1
Night premium 00:00 to 06:00
Sunday premium
Extra night premium

Do they have all these codes to deliberately confuse you and underpay !

They also taxed me wrongly despite HMRC telling me they sent through new tax codes in January and I can see it myself when i look online on HMRC.

My question is this, how do I escalate this if no one in store is willing to help me, I can only think of going to ACAS to lodge a complaint?  I am not with the union. 

I am going in tonight with all the timesheets again and a letter that says hand delivered showing the base hours alone are £683 short not to mention then how much short I am on overtime.

Oh and I got paid £129 holiday pay in first pay and then its deducted in second so basically no holiday pay, that is not legal is it

thanks in advance for any payroll guru out there



Thanks in advance

his scots tie

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Re: Legal action for underpayment
« Reply #1 on: 08-02-18, 01:04PM »
Put a grievance in Under Terms and Conditions.If no joy then contact ACAS with a view to taking it to an employment tribunal ,Tesco Unlawfully witholding wages.

Jerrymouse

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Re: Legal action for underpayment
« Reply #2 on: 08-02-18, 01:21PM »
Put a grievance in Under Terms and Conditions.If no joy then contact ACAS with a view to taking it to an employment tribunal ,Tesco Unlawfully witholding wages.

Thanks for advice, just to be absolutely clear, because I dont know what any of these pay codes are, am I right in claiming my base pay is short, so 223.5 hours x £8.34 is £1863.99 and only paid £1179 under basic pay.

The overtime rates are irrelevant so some extent, right?  Not sure if I am making sense here, but I dont add the overtime onto base rate to get full pay would I .... The base is the base and once those hours are corrected, all the ovetime rates will also change.

Horrendous123

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Re: Legal action for underpayment
« Reply #3 on: 08-02-18, 04:54PM »
base pay is for contracted hours only. how many hours are you contracted to do a week? I for example do 30 hours a week so over a 4 week pay period 120hours * 8.02 = 962.40 (I think). also bear in mind I believe your base pay reduces if you have holiday as well so holiday pay + base pay should equal base pay if you've had no holiday in a comparative period.  I Agree the pay slip is very confusing and I've been underpaid hundreds of pounds on occasion. I keep detailed logs of all hours worked to make sure I haven't been underpaid.

barafear

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Re: Legal action for underpayment
« Reply #4 on: 08-02-18, 07:09PM »
I find it hard to believe (not that I am dis-trusting you) that based on the info you state - i.e. hours worked and your hourly rate - that your payslip can be so wrong.
Just to clarify - are you saying your payslip does not show the correct number of hours worked? If that is the case, then I understand a bit better.
Are you able to put up a picture of your payslip (covering all personal details) so people can judge/help.

Clearly, if it's a genuine case of payroll not paying you the correct number of hours, then a simple wage query should suffice? And although any shortall would normally be paid in your next pay - I'm sure you could make a plea for hardship if the amount is significant - and they should be able to make an "immediate" payment.

Are you able to be in the shop at the same time the wage person and your line manager are there? It seems if all three of you could discuss it - the problem could be solved?

Expressdude2016

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Re: Legal action for underpayment
« Reply #5 on: 08-02-18, 07:26PM »
Hi

What is your basic weekly contracted hours. Its just 223.50 as you say over 8 weeks does not actually go as it can only be a round number for example 28hrs a week is 224hrs over 8 weeks but 223.50 is 27.93 hrs which cant work out if you understand me.

AlexM

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Re: Legal action for underpayment
« Reply #6 on: 08-02-18, 07:29PM »
This is exactly what your PM is there to sort out, ask your PM.
Oh, wait... PM's are gone...

RubyRed

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Re: Legal action for underpayment
« Reply #7 on: 08-02-18, 09:43PM »
Just to help you with some of the elements on your pay slip

Sunday overtime - any hours overtime worked between midnight Sunday and 2359 Sunday

Overtime 1 - overtime hours worked between 6 am and 2359

Night overtime 1 - overtime hours worked between midnight and 6 am

Night Premium - the premium paid for working between midnight and 6am (I’m not sure of the exact rate but it’s £2 something, I’m sure someone on here knows)

Sunday premium - quarter time payment for working any contracted hours on a Sunday midnight to 2359

Extra night premium - payment received for working a whole night shift. It is the same value a the hourly night premium

I hope that helps. I would put your complaint in writing to your store manager.

horatiocain

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Re: Legal action for underpayment
« Reply #8 on: 09-02-18, 02:02AM »
Location pay +basic pay, divide this by hourly rate give your contracted hours.
Overtime is always paid separately as overtime.
Sunday overtime is always paid as Sunday overtime.
You need to break down how your hours have been worked and divide pay by hourly rate to work out hours paid.

Sammy54

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Re: Legal action for underpayment
« Reply #9 on: 09-02-18, 07:07PM »
I am a wages clerk of 28 years experience. It is my job to make sure all colleagues are paid correctly. However this also depends on getting the correct  information from Line Managers too!
You need to go in  and sit down with the wages clerk who should go through all the many reports , evidence of what you have actually done.
It’s only right that you are given a full explanation of how your pay is made up if you are confused by your payslip!
She or He should be able to get to the bottom of it for you. And if it becomes apparent that a mistake has been made, they can speak to your Line Manager to get permission to pay you any money you are short asap!
Calm down and just be reasonable!
I would be mortified if someone thought I was deliberately not paying someone correctly.
Just ask your Manager if you can have some time with the Wages Clerk to clarify your problem!
You will be fine! And your pay will get sorted!

The boss

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Re: Legal action for underpayment
« Reply #10 on: 09-02-18, 07:32PM »
How are you paid the underpayment. Do you still have too give them a cheque and then deducted the money next month

Employee

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Re: Legal action for underpayment
« Reply #11 on: 09-02-18, 08:07PM »
Put a grievance in Under Terms and Conditions.If no joy then contact ACAS with a view to taking it to an employment tribunal ,Tesco Unlawfully witholding wages.

Thanks for advice, just to be absolutely clear, because I dont know what any of these pay codes are, am I right in claiming my base pay is short, so 223.5 hours x £8.34 is £1863.99 and only paid £1179 under basic pay.

The overtime rates are irrelevant so some extent, right?  Not sure if I am making sense here, but I dont add the overtime onto base rate to get full pay would I .... The base is the base and once those hours are corrected, all the ovetime rates will also change.

Am I correct in assuming you are saying your location pay is £0.32?
If not, could you please explain your rate as it doesn't match anything within store rates, unless you are in distribution?
Also, what Tax code do they have you under, this would help people who are trying to help you.

Dorothy C

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Re: Legal action for underpayment
« Reply #12 on: 10-02-18, 10:57AM »
I've been on sick leave for the last 3 months but my payslip had me down for a days holiday ffs, Designed to confuse.

Sammy54

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Re: Legal action for underpayment
« Reply #13 on: 10-02-18, 03:10PM »
Re How am I paid the underpayment.
It can be added on to your next months pay, or if you can’t wait, your Manager can authorise for a form to be sent to Payroll at Head Office. This will however take around 5 working days to reach your bank account.
To be fair the percentage of underpayments through error is very low. Well at my store anyway!
Always keep a record of dates and times of overtime in your Diary or phone. Makes it easier to track back.

OH

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Re: Legal action for underpayment
« Reply #14 on: 12-02-18, 03:18PM »
My partner had horrendous problems a few years ago with underpayment.
Eventually, she was given printouts of the "exception reports".
Somebody had been constantly "unauthorising" hours and hours of overtime.

She was told that she obviously didn't work all of it!!

"Sure, I  kept coming into the store to clock on and clock off just for fun"...

There was (eventually) a BIG chunk of extra money on a wage slip.

No detailed breakdown, just a big lump of money.

To this day, I still think she was underpaid, but it was such a mess she couldn't be bothered to argue the toss.

Regular "exception" sheets are now obtained!

forrestgimp

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Re: Legal action for underpayment
« Reply #15 on: 03-03-18, 03:02PM »
So long as you can prove what you are saying forget a grievance take them to small claims court. There used to be a template letter on moneysavingexpert in the forums bit and I think the union had one as well.

Anyway it costs next to nothing you get the money back when you win and you will win as well as any unpaid wages.

A friend of mine did it at our store all it took was the letter of intent given to the personal manager and he got his money, If they do go to court and as I say you can prove they short paid you Tesco have to give a reason for doing so to the judge good enough for the judge to say its ok (it isnt he wont and what excuse could a billion pound company come up with for stiffing you a few hundred quid?).

So once you win and get costs back you get your cash or get to take out a debt recovery order and send the bailiffs in.


Upshot is, You will win.

Oh just so I mention it all, to go to the small claims court you have to have given Tesco ample opportunity to pay you normally a week is enough time, So as it seems that deadline is way past off you go.
« Last Edit: 03-03-18, 03:04PM by forrestgimp »

Weed

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Re: Legal action for underpayment
« Reply #16 on: 03-03-18, 03:10PM »
Alternatively go into the store and refuse to leave until they pay you.

I was a few hundred down and the SM sent a flunky TM to give me it there and then.

Never paid tax  :)

Jerrymouse

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Re: Legal action for underpayment
« Reply #17 on: 29-03-18, 01:23PM »
Thanks so much everyone, today I lodged a complaint with ACAS as despite all the advice, they refuse to talk or hekp me and I have genuienely been mega polite and produced exceptionally organised and clear evidence

I have written to store manager and payroll twice, gone into the store where dept head said "oh cripes they always get it wrong, doubt you will get far ....

I have all my clocking in time-sheets, cannot provide better proof than that can I :)

Then two months after I left they gave me a tax refund which they DEDUCTED a tonne of hours off .... how can I be deducted for hours when when I never worked there any more FFS

They also deducted holiday but I assume as I was legally entitled to 26 hours holiday pay, they deducted Christmas day and boxing day ??? no idea how Tesco holiday pay work

anyway ACAS will be calling them so I will let you know outcome.

Jerrymouse

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Re: Legal action for underpayment
« Reply #18 on: 29-03-18, 01:38PM »
Just to help you with some of the elements on your pay slip

Sunday overtime - any hours overtime worked between midnight Sunday and 2359 Sunday

Overtime 1 - overtime hours worked between 6 am and 2359

Night overtime 1 - overtime hours worked between midnight and 6 am

Night Premium - the premium paid for working between midnight and 6am (I’m not sure of the exact rate but it’s £2 something, I’m sure someone on here knows)

Sunday premium - quarter time payment for working any contracted hours on a Sunday midnight to 2359

Extra night premium - payment received for working a whole night shift. It is the same value a the hourly night premium

I hope that helps. I would put your complaint in writing to your store manager.

A million thanks for this Ruby Red.