Overpaid 12 months ago - now they want a cheque!!!

Claireybear

Hi

I am hoping that someone may have an idea of where I stand.

I work as a nurse for the NHS, and sometimes do extra shifts through NHS Professionals. I received a letter on Saturday saying I had been paid at the wrong rate for some shifts I did last LAST APRIL, and they regret but I need to put a cheque for £150 in the post as it is public funds! No option to repay over several months - I cannot afford to pay in one lump sum, and I am wondering whether I have got any legal grounds to refuse to pay it all at once. Another nurse who worked more or less full time for NHS professionals on the same ward had the same letter - but she has to send them a cheque for £500!!!! Have they gone mad? How do they think people can afford to pay amounts like that all at once?

I also feel that it was wrong of them to say it was public funds when in actual fact as far as I know NHS Professionals are a profit-making business - I know that they charge the NHS double for the shift - half for the nurse, half for them!

I would really appreciate any advice

Thanks!

Laura

hjb123

Get to the Citizens Advice Bureau but I dont see why whether its public funds or not it shouldnt matter you should still be able to pay it over months!

Did you know you were overpaid and can they prove it - and more to the point - can you see that you were?

Claireybear

I didnt notice it at the time, but apparently it is in their records that I was paid an unsocial hours rate for a day shift or something like that.

It has made me mad!

hjb123

I would be tempted to contest it! I would also go to the citizens advice bureau and see what they have to say about it - ie how long they have to claim back overpaid wages - though I suspect they are within the time!

Claireybear

Think I will do that, altho like u say they probably know they are within their rights!

hjb123

I dont think that your employer can just demand you send them the money. I went onto https://www.adviceguide.org.uk the link to the page I used is below

http://www.adviceguide.org.uk/index/life/employment/frequently_asked_questions_about_employment.htm#Canmyemployerforcemetogivebackanoverpaym


This is what I found:

Can my employer force me to give back an overpayment of wages?


Your employer can only make deductions from your wages in limited circumstances. They can deduct tax and national insurance (NI) and they can also make other deductions for which they have previously got your written consent or which are allowed in your contract of employment. (Different rules apply for shop workers).



An exception to the rule that consent is needed to make a deduction is where there has been an overpayment of wages (or some other payments, for example, expenses). In law, the employer can recover these through a deduction of your wages even if this is without your agreement.

However, if your employer gave the impression that the wages were correct at the time they were paid, you did not know that you had been overpaid and you have spent the money (and to pay it back would put you in a worse financial position than if the overpayment had not been made) you should argue that you should not have to repay the money.

Justicia

Laura,

You may wish to read this similar thread;

Paid twice by work!!!

for further advice.

Claireybear

Thanks for the replies, some good advice. I have written to NHS professionals head office, which is where the letter came from, and depending on what they say i will take it from there. You have all been really kind, searching the internet for me. A big THANK YOU! :beer:

exil

I was once overpaid for 1 month by the civil service - I paid it back by deductions from wages over the next year. The NHS, you would think, would be equally understanding, but perhaps not!