Demand that councils and other NJC employers recompense staff who have overpaid tax and NI due to lump-sum backpay from pay awards, and avoid future overpayments/impacts on benefits.

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Conference
2024 Local Government Service Group Conference
Date
23 February 2024
Decision
Carried

In the last two years in particular, pay awards have not been approved and implemented until later in the year due to struggles over pay. Therefore, months of backpay has been paid in one lump sum. For many part-time staff, this means that for that one month only, they hit the threshold to pay tax and National Insurance that they wouldn’t usually be eligible to pay.

It also severely impacts those workers eligible for benefits, namely Universal Credit, who assess and pay UC on a month by month basis and this lump sum has resulted in members gaining in pay but losing similar in benefits. Also, in some instances, by reducing/halting childcare costs and housing benefit payments.

These issue will have affected thousands of members nationally. It must be ensured that tax is returned to our members either through their wages or at the end of the tax year. However, NI payments are non-refundable and it puts members in a very precarious position regarding benefits. Council’s should therefore ensure back-pay is staggered over several months, as per staff needs.

In light of the financial difficulties many of our members are facing, the initial response from some councils (in 2022) was ‘that lessons have been learnt’. However, no lessons were learnt as they carried on with exactly the same approach in 2023! Members have never received the money missing from their salaries back, which they should not have had to pay out in the first instance. Payrolls have deducted, without members’ express knowledge or permission, a payment for NI that they are not eligible to pay and are refusing to refund it or compensate members for their loss of pay.

One member in South Gloucestershire Council reported that the amount taken from their backpay is equivalent to around 7% of the total backpay for them and would make a significant difference to their incoming budget. Due to the incompetence or lack of forethought by Payroll, they should not be expected to just accept this loss. The whole issue could easily have been averted by splitting the backpay into two payments, over November and December for example.

On behalf of members and colleagues that have been affected by this gross error, councils have a duty of care to look after their staff. For this to occur and be dismissed so quickly doesn’t appear to be ‘caring’ whatsoever. Particularly during a cost-of-living crisis.

UNISON represents its members in negotiation and bargaining, and campaigns for better working conditions and pay. On behalf of members and colleagues, UNISON should represent us, taking this further to negotiate for these unfair deductions to be returned to our members, or compensated for by the employer who took them unfairly.

This motion therefore calls on conference to resolve that UNISON Local Government Service Group nationally:

1) Urgently write to councils and NJC employers to resolve this issue, getting money paid back to staff who have overpaid tax/NI;

2) Campaign for the money to be recompensed, raising it as a national issue to put pressure on councils/NJC employers.