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Previous PAYE job calculated overtime incorrectly

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    Previous PAYE job calculated overtime incorrectly

    So a role I was at the beginning of the year as a perm has stated they messed up the overtime calculations to their current employees for 2020-2022. It's 13% they miscalculated.

    The documentation says ex employees are not eligible but doesn't explain why

    I left last December but worked a lot of overtime during that period.

    Do I have any legal footing here or just one of those?


    #2
    Originally posted by mgrover View Post
    So a role I was at the beginning of the year as a perm has stated they messed up the overtime calculations to their current employees for 2020-2022. It's 13% they miscalculated.

    The documentation says ex employees are not eligible but doesn't explain why

    I left last December but worked a lot of overtime during that period.

    Do I have any legal footing here or just one of those?
    You would need an employment tribunal but they can only go back 3 months since you left there so no chance I think.
    merely at clientco for the entertainment

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      #3
      EEk is correct. It's different in some cases but only to 6 months so I think that boat has sailed.

      https://landaulaw.co.uk/time-limits/

      Last edited by northernladuk; 13 December 2022, 15:14.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #4
        Readling NLUK's link you could use the small claims court which has a 6 year limitation if the issue is they broke the overtime payment rules in your contract but that is going to be expensive unless it's a lot of money.

        but the reality is it's probably not worth the hassle unless it's a few thousand.
        merely at clientco for the entertainment

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          #5
          It was like 1500, but i guess with 40% tax its really not worth the hassle, appreciate the reply gents.

          Comment


            #6
            Originally posted by mgrover View Post
            It was like 1500, but i guess with 40% tax its really not worth the hassle, appreciate the reply gents.
            Did they give you a reason as to why it was incorrect? Payroll error and they've been sly with the ex employees bit even though it's legally not true (up to the time limit of course)?
            'CUK forum personality of 2011 - Winner - Yes really!!!!

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