got payed too much employer took it back without warning

fabricator1

sorry Mckneff i'm new to this forum and by the looks of it not as educated as most on it,is there something i need to make clear .... eh....

McKneff

fabricator1 wrote: »

sorry Mckneff i'm new to this forum and by the looks of it not as educated as most on it,is there something i need to make clear .... eh....

I was confused because you said in the first post she had been overpaid
then in another post you said you couldnt see where she had been overpaid.
Perhaps if you gave us some figures someone could work it out for all of us.

pelirocco

Dave101t wrote: »

you need a court order to take money ack from wages, tribunal should see some nice compensation

Rubbish lol

Oldernotwiser

I'm really confused. Surely if she was overpaid one month there's no problem paying it back the next, otherwise she's getting an interest free loan from the company.

Edit: How can you say at 7.40 "my daughter got payed too much in one month" and then at 8.15 "as far i can see she has'nt been overpayed". What happened in those 35 minutes to make you change your mind?

McKneff

To be quite honest, i wouldnt mither yourself over it. Let her deal with it herself, presumably she's not a niave teenager.

Its her pay and I'm sure she knows what shes doing.

But all credit to you for trying to stick up for her.

jazzyman01

Deductions can be made if clearly stated in the contract of employment. If silent then deducting the money without the consent of the employee, irrespective of the sum overpaid, is unlawful deductions under the wages act. She can ask that this sum be repaid over a period of time. Of course, the first thing is to determine whether or not she has actually been overpaid.

SandC

They can take it back via the same route they paid it in - I was overpaid but it was the Wages Manager who noticed it almost straight away so contacted me to let me know she'd paid up wrong and was going to take it back out again.

jazzyman01

SandC yours was clearly noticed at the time and you were therefore aware of the overpayment before you had spent it. This does not detract from the point that deductions when not agreed either by contract or the employee would be seen as unlawful deductions in law.

Proc

Oldernotwiser wrote: »

I'm really confused. Surely if she was overpaid one month there's no problem paying it back the next, otherwise she's getting an interest free loan from the company.

Edit: How can you say at 7.40 "my daughter got payed too much in one month" and then at 8.15 "as far i can see she has'nt been overpayed". What happened in those 35 minutes to make you change your mind?

My translation of what the OP says is this:

"My daughter was apparently overpaid from work, and now they want to deduct the overpayment from her next month's salary. However, on closer inspection I think that the pay was actually correct (as she has recently been promoted). However, her employer is still insisting that they will clawback the overpayment. Unfortunately, I don't have the exact figures to hand. What can she do?"

But yeh, my Double-Dutch was only up to GCSE level and I'm a little bit rusty now so some points are probably lost.

jazzyman01

She should ask HR to clarify and put this request in writing. She needs to look at her gross, multiply by 12 to get her annual rate and see if this will be equivalent to her new salary. If this is right then she should challenge what the employers are trying to claw back. In any event until agreed she should insist that no monies are deducted from her salary.