If it`s a temporary drop of up to four weeks, it shouldn`t affect your tax credits. If the overpayment is long ago or the overpayments have been going on for several weeks or months, your employer should: However, you could get more than that if it`s in your employment contract. You are legally protected from unfair dismissal or other unfair treatment, even if you report your employer. In practice, this cannot prevent your employer from treating you unfairly if they suspect you have reported it. Your employer can earn a maximum of 10% of your gross weekly or monthly salary (your salary before taxes and social security) if you work in the retail trade. This is intended to cover errors or deficits, for example with cash or shares. If you have not already done so, call the Acas Helpline on 0300 123 1100. They will confirm if you are eligible for minimum wage and help you determine your options. If you are unionized, they may be able to negotiate with your employer for you. If you are not unionized, find out if there is one in your workplace that you can join. Details can be found in your employee handbook, intranet or on work bulletin boards. If you think your employer fired you or changed jobs to avoid minimum wage, it`s worth getting advice.
Your employer can reduce your hours if he says so is possible in your contact. If not, they can`t do it without you getting your agreement first. Again, you can refuse an hour discount, but this can mean a complete end of your contract if they can`t afford to keep you. There must be a fair consultation phase before they come to that decision. Unfortunately, the job retention program only applies to those who can no longer work at all. However, you are entitled to remuneration during short-time working. This means you can get £29 a day, but payment is limited to just five days over a three-month period. You can report a problem with the national minimum wage or national living wage on GOV.UK if you think your employer is breaking the rules. If it is a simple overpayment included in the weekly or monthly payment, they will usually be deducted from your next payment.
You can also agree to refund the money by other means, for example by bank transfer. Your employer can only deduct from your salary if: If you are an employee or an employee, you have the legal right to a pay slip that shows how your salary was calculated. If you are paid by the hour, your pay should show how many hours you worked. Your employer has the right to claim money if they have overpaid you. They should contact you as soon as they are aware of the error. If your complaint does not achieve the desired result, you can sue your employer. You must first notify Acas. If your employer has made only one deduction, you must file a claim with an employment court within 3 months of the deduction.
If you think your employer has not paid you the legal salary to which you are entitled, you should contact HM Revenue and Customs (HMRC) to find out what to do next. You must contact HMRC within 6 months of the date on which you should have started with the legal salary. It`s important to know your rights, so talk to your union representative if you have one. Or contact one of these workplace counselling services: You should also review your contract to see if you are eligible for a higher salary from your employer if you are sick or on parental leave. Can your employer reduce your working hours or fire you? The short answer is – only if your employment contract allows it. Check that your employer has a formal complaint procedure in place that you can apply. Even if they haven`t, you can still file a complaint, for example by writing a letter. Employers are allowed to take money from your salary for: If an employer attempts to reduce an employee`s salary without obtaining their prior consent, the employee has the right to take action as described below. Ask them to explain anything you don`t understand on your payroll or why you didn`t get paid.
If you disagree with anything, explain why. If not, your employer will have to negotiate a change to your contract. This limit does not apply to your final salary when you leave your job. If your employer agrees that they made a real mistake, ask them to pay you immediately what you are owed. You can print your result from the national minimum wage calculator and show it to them. For each additional payment you are entitled to under the contract, gather all the evidence to support what you say, for example: If you don`t get the minimum wage if you receive it, your employer owes you the difference between what you should have paid and what they actually paid you. Acas says it should only be a last resort, and so the thrust of his advice is ultimately not that you can`t do it, but that you shouldn`t do it (and ideally not even threaten) until all other options have failed. This sounds great in theory, but it overlooks the strong possibility that your employees will ask at the beginning of your contract change negotiations – what if, after consulting me to the point of common sense, you still want to make the change and I still disagree? Is there really an honest answer, other than that the employee should eventually leave? And once you said that, didn`t you just take a bus through this guide? Whether or not you file a complaint with your employer, you can report it to HMRC. You`ll decide whether or not to investigate your employer – there`s no guarantee they`ll do so, but it`s more likely to do so if multiple people who work for your employer file complaints. However, we now have the ACAS guidelines on employer liability for changes to employment contracts.
It`s all about consulting employees about the reasons for the changes and, if that fails, talking about it even more. It reminds employers to ensure that they exhaust all agreed collective bargaining procedures before proceeding, as a direct reconciliation with unionized employees will end up being very bad and costly if you don`t. It also seems that the issue needs to be looked at from all angles in order to find a basis for an agreement – can the change be introduced gradually or temporarily, or is it explicitly subject to reversal if things improve? Make sure the changes visibly affect senior management at least as much as other employees, the guide suggests, not as a legal requirement, but because the change makes it a little easier to sell to other employees. In the human resources department, make sure that the legal and reputational decline that your company can handle for contract changes in this way is understood in advance by your board of directors – damage to employment relationships, loss of valuable people, legal claims, damage to the brand, possible union action, etc. Employees who have been dismissed or put on short-time working are entitled to remuneration for the days when they do not work at all. This is called ”legally guaranteed wages” and is the legal minimum that an employer must pay. It can be difficult to understand the contract hours of your employees. As an employee, it can be even more difficult to determine how many hours you should work. Because shift patterns change and contribute to hours worked over time, it can be difficult to know what your contract says you need to work. If your employer fires you or changes jobs so you don`t have to pay you the national minimum wage or the national living wage, you may be able to challenge it. Check how to deal with a problem at work. You should start by checking your pay if you have one.
This will help you see how your payment was calculated. Check things like: A political hot potato at best, opinion about the practice is very polarized – for employers, it grants the necessary flexibility and helps avoid or reduce factory layoffs, while for those on the other end, it is a way to worsen contractually negotiated terms, the pandemic is used as a smokescreen to reduce benefits without financial necessity, The tactic is used or threatened to undermine or circumvent a real dialogue in the workplace about change, etc. MPs and ministers across the political spectrum recognized the opportunity to turn the practice into campaign capital and all jumped into the fray, swinging their own strong opinions and belatedly instructing Acas to find the facts that might justify them. In the end, however, the resulting report did not contribute much to these respective perceptions, except to confirm that many people think terribly hard about fire and reintegration in one way or another and have been doing so for many years before Covid. .