Is it normal for overtime pay to be included in working out average pay ?

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jtomo64

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Post by jtomo64 » Fri Jan 24, 2014 9:02 am
I have completed 4 years of a 6 year IVA and so far so good, until today! I received a letter from my supervisor telling me that my payments have increased this year by £91.85, as you can imagine this amount is a bit of a shock to me. I called the supervisor and asked for the reason. He explained that he had worked out my average wage for the previous 12 months and worked my payments out using this average. My concern regarding this it that during the previous 12 months I worked my backside off doing overtime, this obviously pushed up my average wage. However overtime is not guaranteed. Also, out of that overtime I have followed the 10% 50/50 rule, so the average is not a reflection of my average take home pay.
I have had no problems the first 3 years of the IVA, but now have a new supervisor who seems keen to take more from me regardless of if I can afford to pay it.
Is it normal for overtime pay to be included in working out average pay, even when this overtime is not guaranteed?
 
 

Foggy

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Post by Foggy » Fri Jan 24, 2014 9:10 am
Hi .. no, indeed, it is very unwise to base payments upon overtime and is a recipe for disaster.

Ask for a detailed calculation of where they are getting this increase from and challenge it if O/T has been used this way.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Adam Davies

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Post by Adam Davies » Fri Jan 24, 2014 10:20 am
Hi

I don't agree with using an average of any overtime, the 50/50 rule should be used to pick up any extra payments. Hard to work overtime if you are not going to benefit directly
Go back and argue your case

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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jan 24, 2014 7:01 pm
No they can't! Who is now acting for you?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Struzzo39

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Post by Struzzo39 » Fri Jan 24, 2014 8:18 pm
Hope you get this sorted out and fast !!
Steven & Debbie
 
 

baldy

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Post by baldy » Fri Jan 24, 2014 9:31 pm
Im only contracted to do 37.5 hrs every week but always do over 50+ hrs every week for the last 10 years!

Our IVA company takes the average of the last 12 weeks pay before the annual review to see if they can get any more out of us.

Last review time i had worked a lot more hrs to get some extra money but then they increased our payments up another £90 per month!!

We were due a wage increase in October 2013 but its not been agreed yet which will mean a fair bit of back pay, but they will be taking their 50% of that to!!!!!
Next review i will make sure the average will be lower before the review than it wont be so hard to make the higher payments.

Baldy
 
 

kazzafunk

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Post by kazzafunk » Fri Jan 24, 2014 9:51 pm
Definitely not! Overtime can never be relied on so should be captured under the 10 50/50 rule as far as I know.
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

carole2662

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Post by carole2662 » Sat Jan 25, 2014 9:29 am
Im sorry but I beg to differ. My hubbies overtime was taken in to account when working out our payments. We didn't do the 10% 50/50 but when we did our review every year they took hubbies pay slips and worked out his annual pay. When we first started he had to sign a letter saying that he would get on average 17 hours overtime every 2 weeks.That is how our payments were worked out.
 
 

Radish

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Post by Radish » Sat Jan 25, 2014 9:45 am
The trouble with signing a form to say your doing overtime is that if you take holidays off work or off sick for a month, then the overtime is not getting done. Would the I.P then reduce the payments or (as in most cases) cap the reduced payments i.e without the overtime - onto the end of the IVA? When its not your basic wage. I can see problems doing it this way.
IVA complete March 2014 after 6 years.
 
 

baldy

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Post by baldy » Sat Jan 25, 2014 10:02 am
I have to admit when i get say 2 weeks holiday pay in the month we do struggle because its just basic pay.

Baldy
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