Contract and overpayment recovery advice please

Contract and overpayment recovery advice please

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guillemot

Original Poster:

325 posts

165 months

Tuesday 30th September 2014
quotequote all
OK, possibly a slightly long-winded one, but please bear with me.

I am a local government employee who's recently been moved onto that contract from a teacher's post to save money. Now, the process of deciding hours, percentages etc. is a ridiculously convoluted one, and noone can quite work things out, you get the idea...

Last academic year and the last salary statement I received was at a certain percentage, at which I was paid. Suddenly I was relieved of a certain amount of money for the last three months (there have been other incidences of this throughout the year, including some overpayments to make up for arrears, but smaller amounts) and by my calculations I was not paid at my last stated percentage document.

When querying this, I was told that it seems that after ups and downs (although my work hasn't changed) they worked out I was working at a slightly lower percentage, so authorised the overpayment recovery.

Whilst my contract states this recovery is allowed, it also states that I will be given notice of the overpayment and the frequency and amounts for deduction will be discussed with you (in the event of overpayment).

I have had no notification that they believed my percentage to have reduced, nor did I receive any communication as to any of the deductions from my salary, or reasons for. I work out my percentage a tad higher than they do somehow (as I said, the process is somewhat difficult) but I'm just wondering where I stand with this as it's been unannounced money recovery? I'm guessing there's not a whole lot I can do, but I feel a tad aggrieved just at the moment...

Countdown

39,864 posts

196 months

Wednesday 1st October 2014
quotequote all
I'd suggest informal chat with School Business Manager or Headteacher. If that doesn't resolve things lodge a grievance.

guillemot

Original Poster:

325 posts

165 months

Wednesday 1st October 2014
quotequote all
Had a chat with head already (though not HR) - his stance is that the end percentage is right therefore all fine. Is it that clear cut, I had assumed we should be informed of this sort of thing - indeed, my contract states we should be...?

edc

9,235 posts

251 months

Thursday 2nd October 2014
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Are you disputing the amount or are you aggireved that the notification process has not been followed? If the latter, what remedy are you expecting?

guillemot

Original Poster:

325 posts

165 months

Thursday 2nd October 2014
quotequote all
I guess if I'm honest I'm not sure - I think this is the latest in such a long line of infringements on their behalf that it sort of tipped me over the edge!
Yes, I do know, I need a new job! I'm working on it, putting myself through some exams at the moment, but they're expensive, so seeing what I thought was my pay disappear is a little disheartening! I guess chalk it up and focus on the exams!

rog007

5,759 posts

224 months

Friday 3rd October 2014
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I'm interested in, if I've read this correctly, you moving from a salaried teaching post to a contractor? Assume non-state school (academy)?

Nonetheless, you're not happy. A good employer would work with you to resolve that rather than brush the issue under the carpet. If you have the time and energy, write a formal letter that they should be obliged to answer. If you're on your way anyway and don't have the inclination, forget it and move on. Good luck!

Eric Mc

122,010 posts

265 months

Friday 3rd October 2014
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When you say "contractor", are you still being paid a salary or are they treating you as a "self-employed" contractor of some sort?

guillemot

Original Poster:

325 posts

165 months

Friday 3rd October 2014
quotequote all
Still being paid a salary!

No, I'm not happy, as I think comes across, I don't understand how they can get away with half the stuff they are, but I guess I need to focus my efforts on exams and moving on rather than letting it stress me out too much!

Countdown

39,864 posts

196 months

Friday 3rd October 2014
quotequote all
OP - would I be right in guessing that you've moved from a teaching payscale (UNQ/NQT/MPS) to a Local Govt payscale (probably the admin one)? And you either work TTO/TTO + 5/TTO+10? And you work for an Academy (or independent) rather than a school that is run by the LA?

TTO calculations are notoriously complex, even for LA HR staff who will have been doing them for years. When schools become Academies they lose the LA HR support and many try to do things "on the cheap". This can result in a cr@p payroll service as well as non-compliance with HR best practice, such as notifying people about overpayments and agreeing repayment plans.

Whilst you're right to feel disgruntled unless you have been underpaid it's best to put it behind you and move on.

guillemot

Original Poster:

325 posts

165 months

Friday 3rd October 2014
quotequote all
Yes, pretty much, except that we are LA - external service to schools. So the HR department should have no excuses! As I said, the end of a long line, but I agree I need to focus on moving on!

Edited by guillemot on Friday 3rd October 12:36

TwigtheWonderkid

43,348 posts

150 months

Friday 3rd October 2014
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Google Keenan v Barclays Bank. Employers recovering overpayments is not a straightforward as you may think.