Overpaid Lump Sum

billydwarf

As part of a national pay agreement myself and others have taken a pay cut as from July 1st 2009.
There are two ways this was to be done .
You either agreed to a national or a local agreement.
I agreed to the national agreement which meant I took a £6 per week pay cut for 3 years.
The local agreement was for an immediate £40 per week pay cut and a lump sum of around £2500.

The problem is my employeres have put me on the wrong scheme and paid me the lump sum.
Do i have to pay it back. ( Mistake in Law or Fact ?)
If so
Can I stipulate how much and when.?

I also retire at the end of the year which could complicate matterseven more.

kissjenn

Can I ask why you took a £6 pw pay cut for 3 years when you could have taken £40 pw pay cut and £2500 lump sum knowing you were going to retire at the end of this year? You'd have had approx 17 weeks at £40 = £680 off your wages for an up front payment of £2500 making you an £1800 profit!

Isn't that the better scheme for you and worth asking them to let you stick on?

If it's not you need to make the switch and pay the lump sum, which you know was paid in error, back. It's due back in full and now because you know it's an error.

billydwarf

Hello Kissjenn

The £2500 was also for the 3 years reduction in pay so I would still have to pay it back when I leave.

Every aspect of the deal has been worked out and the £6 per week was best for me.

There seems to be points in law called Mistakes in law and mistakes in fact.
Depending on what they have done with me depends on whether or not I have to pay it back,I just need to know which of the two it is, law or fact.

At the end of the day I fully expect to have to pay it back,I just want to be a pain in the backside because they have treat the workforce and me so badly.
I would write them a cheque tomorrow if they asked,but they havent as yet and it was me who pointed out the problem to them.