Overpayment of wages- subcontractor

vicm2009

My boyfriend is an electrician, who was employed through an employment agency as a subcontractor to the local authority. He worked for them for about 10 months, then the council abruptly ended the contract and laid off all the subcontractors. He then got offered another contract to start in Jan 09. He had the contract in writing. He went to start in Jan 09, only to be told that the contract wasn't starting and was therefore nil and void. I called ACAS, but they advised that it was not covered by employment law as he is a subcontrator, so there was nothing he could do. He failed to find work and had to sign on for a few months. He then got a call from the agency saying that the council was taking subbies back on. So, he started work the very next day. He hadn't got a contract, as he was just glad to be working again.
He did almost a weeks work, and then got laid off again, as the council changed their criteria for qualifications they needed to do the job. He was finished immediately, with no notice. He then had to sign off, and back on again as he had done over 16 hours of work. This caused all sorts of problems.
He entered this hours on the agancies payroll system online. A few weeks later he got paid, but it was for two weeks, instead of one.
He assumed that he had been given a weeks notice pay, as they had finished him so swiftly. He didn't get a payslip until afterwards, and this just had extra pay added to it.
We were desperate for money at the time as he had not been able to find work, and so it got spent on bills and rent.
Now a few months have passed, and the agency have sent him a threatening letter, saying that they have a legal right to recover the money.

Given that it was their mistake and so much time has passed, can they do this? He had no contract, but as advised in the past, Employment law does not apply to him- it would have to be civil action through the courts.
He is still not working so he would be unable to set up a repayment plan. We live in rented accommodation and have no assets.
What is the best way to handle this?

pinkshoes

Yes, they can do this.

If he was over-paid, he has to pay it back.

If you can't afford it, then write to them and offer to pay it back at say £10 a month, or whatever he can afford.

Vader123

Its amazing when its someones fault on here (eg they do a mistake at work thats costs them their job) its "We are only human, we all make mistakes".

But when its their employer or the DWP, its "its their mistake.... why should I..."!

Anyway, to re-iterate they can if they can prove its overpayment. Ask for a breakdown and a payment plan if you must, but ut needs to be paid back!

Vader

vicm2009

Well, in the absence of a written contract or pay slip, he assumed it was severance pay!
He has not defrauded anyone.. he only entered his correct hours.. I've discovered that in fact it was the manager at the local authority that mistakenly entered extra hours and approved it.. it wasn't the agencies fault either, it's only because their client has kicked up a fuss as they have paid an extra weeks wages!