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  • Some people just live to make your life hell!

    Some of you may know, i am a partner in an accountancy firm.

    As part of my job i process payroll for various companies, with staff levels between 2 and 25.

    This one company i process payroll for, seem to never know exactly how many hours their staff work, and im forever making corrections.

    That, along with no ability to give me correct information, i am finding myself having to correct my own mistakes due to their stupidity!

    Well its the final straw now, an employee left on 2nd april, and her final payslip was issued along with her P45 on 28th april.

    I get a letter from CAB yesterday.

    It appears that, she didnt bother to either, speak to myself about her queries first, nor did she wait for her final payslip before demanding everything but the kitchen sink.

    She claims shes owed hours worked which are not on the time sheets i have. And she also claims to be paid a fixed rate of holiday pay, even though she works different hours each week.

    Ive just had to write a 3 page letter to CAB, explaining that its not possible for her holiday pay to remain the same amount throughout the year, unless she worked the same hours each week, as its calculated on an average 12 week gross pay.

    Around the 31st March she took 7 days holiday, but was only paid for 1, i was lead to believe by the manager at the time, she had taken 13 days previous to me undertaking payroll, and as such, she would only be entitled to 1 more day paid.

    When she left on the 2nd april, it became clear to me this was actually incorrect and she had 7 days holiday remaining to be paid, which i did pay her for on her final payslip.

    Now CAB claim that she is owed another 7 days, id like to know where from! she worked 6 months in the holiday entitlement year, therefore she has 14 days paid holiday, simples.

    Today i have now got the lovely job of telephoning the owner who has no clue about anything, and get him to confirm whether there are hours missing or not.

    Because this woman decided to wait until her final payslip before making a query, i had already submitted her P45, which means in law, the only thing i can do, is tax her any additional paye using code 0T (all taxable) and write a letter to HMRC explaining the change to the submitted P45.

    If she had come to me first, its likely there would have been no tax to pay on any additional paye, as the correct tax code could have been used.

    I really want to add that statement to the letter back to CAB, so she can see what she has caused by not coming to me direct at the time she realised it wasnt right!
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

  • #2
    Re: Some people just live to make your life hell!

    She seems to have done everything @ss about face.
    Surely CAB are in error there too, by getting involved. They should have advised he that she needed to go through the proper protocols by making written complaint to the company first and to come back to them if she still wasn't satisfied once the complaints procedure had been exhausted.
    Better yet, ACAS is the obvious choice for employment related advice.

    Shep x

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    • #3
      Re: Some people just live to make your life hell!

      Hmm you'd think so but sadly CAB training of recent is patchy at best

      Comment


      • #4
        Re: Some people just live to make your life hell!

        It seems that all CAB have done are act as a middle man, in order to clarify the points she raised.

        The letter ends with, if you dispute the amounts owed please write back to me so i can pass on the information.

        What they claim to be true, is only the info they have been given, in actual fact, they are about 200 quid off if found correct.

        What makes it worse is, i first have to find out if 26.25 hours was worked but unpaid, if it was, then this now changes the amount of pay due for 7 days holiday on her last payslip, as the 12 week average pay would be higher.

        So i spent nearly a whole day, calculating what the pay should have been against what it was, and calculating the difference owed.

        And the laugh of it all is, IF she had come to us first, prior to her last payslip, the issue would have been resolved, and its likely no tax would be due.

        But because a P45 has already been processed, i now have to treat the payment as extra earnings, which is subject to be tax on the whole amount. Ok its about 69 quid in tax, but thats 69 quid more she would have had, if she has bothered to raise the point with us before going to CAB.

        Sometimes it pays to speak with your employer first!
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Re: Some people just live to make your life hell!

          Can't you tell CAB to go f*ck themselves? They are not a formal power that can affect us in any way are they?

          I'd have just get "away an bail yir heed Betty"
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          • #6
            Re: Some people just live to make your life hell!

            No CAB cant do anything about it, all they can do, is try to help someone who perhaps cant afford to pay an independant accountant to look at her payslips.

            I have no issue writing to CAB and giving a breakdown of what shes owed in terms of unpaid hours and adjustment to holiday pay.

            What annoys me is she could have quite simply raised the issue after she left, and it would have been sorted on her final payslip.

            She had 28 days to sort the mess out.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Re: Some people just live to make your life hell!

              Originally posted by Shepherdess View Post
              She seems to have done everything @ss about face.
              Surely CAB are in error there too, by getting involved. They should have advised he that she needed to go through the proper protocols by making written complaint to the company first and to come back to them if she still wasn't satisfied once the complaints procedure had been exhausted.
              Better yet, ACAS is the obvious choice for employment related advice.

              Shep x
              I don't really agree with the ACAS route, I had an employee leave without any notice after 4 years service, he told me on the Friday night after his shift that he had a new job and was starting on Monday, left me in the shit as I had a truck loaded with stuff and no driver

              I paid him up to date but he claimed I owed him holiday pay which I didn't, I even paid him the monthly bonus that is averaged for all employees even though he had only worked one week of the month, anyway he went to ACAS and they came to see me, arrogant little shit of a man who simply said "just pay him the money or we will advise that he takes you to court with our backing" now that's negotiation for you!!!!! They would not listen to any of my side of the story, not interested that he broke his contract or that he had used all his holiday entitlement so I told him to get stuffed, cost me £1,275 in court , that was in 1996. It would have been better to just have paid him the £165 he claimed I owed him.

              ACAS said "if we go to court you will lose because we are with him"!!! The court dismissed all of my evidence regarding pay slips and hours worked and even his employment contract, I had to use a bloody solicitor who also cost me £175 in legal advice - and I still lost!!

              My advice - if it's a small amount just pay it, look at the hassle it's caused up to yet!




              Comment


              • #8
                Re: Some people just live to make your life hell!

                can't say I have any faith that ACAS know what they are talking about, in our recent sale of company/redundancies/unfair dismissals/outright stupidity on part of management and generally a disgraceful situation all round, ACAS were about as much good as a chocolate teapot mainly because they actually have no teeth and terrified to say sue the buggers, times have changed there!

                Comment


                • #9
                  Re: Some people just live to make your life hell!

                  Yeah, I got stitched up good and proper to be truthful, even my solicitor said there was no chance he would win and he was an employment specialist recommended by the FSB. This employee also said he didn't have a new job in court despite his new employer sending a written statement to the contrary.




                  Comment


                  • #10
                    Re: Some people just live to make your life hell!

                    Originally posted by Never-In-Doubt View Post
                    Can't you tell CAB to go f*ck themselves?

                    I'd have just get "away an bail yir heed Betty"
                    Even if the chap at the CAB was called George?

                    Comment


                    • #11
                      Re: Some people just live to make your life hell!

                      Well i looked in to what CAB said about her pay, and it is true she is entitled to a further payment.

                      Long story, but basically, when she first took 6 days holiday, the current owner had taken the business over 8 weeks prior, that means only 8 weeks of pay to calculate holiday pay, which of course, ment it was lower than average.

                      Then the following month, the timesheet failed to record 26.25 hours of her pay, so was again short by around 170 quid.

                      Then finally, on her last payslip the remaining holiday paid was again short because of the missing 170 quid to her average pay the previous month.

                      In all what shes asking for is actually less than she is techinically entitled to, so ill be instructing the owner to shut his mouth and pay it straight away.

                      Trouble is, i now have to explain PAYE to someone who cant even send a correct timesheet via fax. not to mention all the other issues he caused when he first took over the business.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #12
                        Re: Some people just live to make your life hell!

                        Some people always think they know best when in fact they know f**k all




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