Overpayment of wages?

ginihay_2

I am after some advice (preferably from a solicitor) about a recent overpayment of wages.
I know generally employers can legally claim back overpayments but I feel my case might fall into one of the few execptions, where the employer does not have to pay back the money.

I have worked as a nurse at my current employers since oct 2006 and recently took an agreed unpaid leave of 6 months to go traveling (my honeymoon).
Whilst I was away I was paid (what I now think was) a months basic wages.

I work shifts so each month we get the current months basic pay and the previous months enhancements pay, so I knew I would be due some pay for my first month of unpaid leave but was not sure how much (depends monthly on how many unsocialable hours/weekends/nights/etc we do).
I was obviously not able to see my wage slip, so did not know I had been overpaid.
I also could not check my bank statements.
It is hard to keep track of how much you are spending when traveling, so any money I had in that account, obviously got spent.
Since returning home I found out that I had been overpaid and also that my parents had recieved a call from a balliffs trying to recover the money which was completly rediculous considering a)I was still employed and b)they knew I was away traveling!

I have spoken to CAB who are unable to help because I don't qualify due to having some savings (in a savings account which would lose me the interest if I removed any) and my union who didn't think there was much point persuing it and I should just pay it back.

I really can't afford to pay it back, my husband and I are currently living with my parents and need what money we have available to pay the deposit on a house we're about to rent.

any advice?

Motorvating

Sections 13 to 15 of the Employment Rights Act 1996, under the heading "Protection of Wages will tell you all your rights in this matter, just have to google it.

Yes the company is allowed to claim over payments back, however the way they have gone about things is way over the top.

Go back and see your Union rep and insist they do something to help you. If you have a Union Rep that is not willing to rock the boat and help you, go above them to the next level as you would with management.

I would advise that you offer to pay the money back, but at an amount per month that you can afford that the company would find acceptable.

Once you have come to an agreement you could then persue the heavy handed way the company has dealt with this issue, and the way to do this is to write to your manager asking for an informal meeting where you want to raise concerns at the way the company has dealt with this issue. at this point you will either be satisfied or not. If you are not satisfied you have the option of a grievance which is the formal procedure, and your Union Rep will be able to tell you how this is implemented.

Point to remember is if Bailliffs have been involved, your crdit rating may have been affected, so worth checking.