Apparent over paid wages

[summer30]

I dont have access to any payslips if I recall he said it was all done online, will need to check with him about it

 

 

They seem to be saying it was a mistake made by the agency, but still after the 3rd time of asking not provided any proof

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[Elmo South]

Caledfwlch makes a very good point. A lot of companies set up in this way are done so to avoid & evade tax & natioanl insurance. Are you positive your husband was an employee? Does he have a contract of employment - my experience is that most companies operating in this way will provide a contrcat for the worker, but on reading it you may find that it is not what you expect. i have seen many which state that the worker (also possibly called a sub-contractor) and the company specifically have no employee/employer relationship.

[summer30]

As far as I can remember will need to fish out everything, he had a contract from the employer . Its the agency who have apparently made the mistake, but the umbrella company who is asking for the money.

 

Its all very confusing and the umbrella company is not being at all helpful, just pay us or else attitude.

 

 

ETA: the contract states that the umbrella company is the service provider and that they employ the contractor. No one from the umbrella company signed this contract copy we have only the agency.

Edited July 26, 2010 by summer30

[summer30]

ok so letter received by post today same as email copy. No actual evidence. im stuck what to do now, ignore them as they havent provided the evidence? we cant view anything to do with this contract as it was all online and cant log in due to it being so long ago.

Edited July 26, 2010 by summer30

[summer30]

Do your payslips actually seperate between "normal" hours worked, and overtime etc?

 

 

Got copies of payslips and no it doesnt say anything about how many hours were worked at all, we need to get this information from the agency apparently.

[honeybee13]

Hello. I hope someone here can help you unravel this, because getting information seems to be like pulling teeth and it shouldn't be.

 

My best, HB

[summer30]

thanks HB, me too, theres nothing so far that says we paid this and should have paid this, he worked the same hours each week, and the payments are different on every payslip, theres nothing to show any difference at all.

[honeybee13]

Hello again. Until you have some other comments, my approach would be to stand firm and request written details of how the figure has been calculated. It seems the least they can do, to me.

 

HB

[Sidewinder]

Hello again. Until you have some other comments, my approach would be to stand firm and request written details of how the figure has been calculated. It seems the least they can do, to me.

 

HB

 

Agree entirely!

 

You have outlined what you need. It is not an unreasonable request, and what you have received explains precisely.....nothing. The information shown on the payslips demonstrates that there is no evidence of any 'overtime' rate being paid, and as the amounts paid on each varied to some degree there is nothing to indicate that you should have known that the overpayment had occurred (ie there wasn't a spike of any degree in the pattern of payments).

 

Hold fast and ignore further communication unless and until you see what you have requested would be my advice. I see this as little different to a demand for money from a Private Parking Company - they say you owe, you say prove it or take me to court, knowing that if they did you could successfully defend any claim. I doubt very much that it will go further than threatening letters which will stop when they realise that you aren't playing ball and it is starting to cost them money.

[summer30]

ok thanks, will do that, I was goingto request the time sheets but that wont show anything anyway

 

Its just silly they arent sending the calculations, why not. oh well thank you again will sit tight and see what happens,