OH contract was ended, now 2months later they want £210.15 overpaid salary?

laurenjs88

Ok so we've had a letter today from a solictor and they are wanting it back! seems abit silly for £210, but what is the best move now. It was clearly imcompitence on the companies part & also they havent paid my OH back his pension contributions.

Googlewhacker

laurenjs88 wrote: »

Ok so we've had a letter today from a solictor and they are wanting it back! seems abit silly for £210, but what is the best move now. It was clearly imcompitence on the companies part & also they havent paid my OH back his pension contributions.

You wouldn't be saying it was silly if they had underpaid you £210. Offer an installment plan over 6 months and pay it back

DuWolf

laurenjs88 wrote: »

Ok so we've had a letter today from a solictor and they are wanting it back! seems abit silly for £210, but what is the best move now. It was clearly imcompitence on the companies part & also they havent paid my OH back his pension contributions.

As you are both currently unemployed and bill isnt an essential then send them a friendly letter explaining your situation and that you are prepared to pay it off at an amount you can afford untill your situation changes, £10-£20 a month or something along them lines.

Personally id contact them regarding the pension contributions and get that deducted from the total amount. As long as your showing willingness to pay of the amount there is little they can do.

laurenjs88

Thanks for the advice, we got some from someone we know in employment law too, so were not paying at the moment just going to send a letter, looks like the fact his manager didnt tell anyone he'd left would be the companies fault so we shall see. Plus to be honest i wouldnt offer them more than £1 a month anyway as were on a DMP

Googlewhacker

laurenjs88 wrote: »

Thanks for the advice, we got some from someone we know in employment law too, so were not paying at the moment just going to send a letter, looks like the fact his manager didnt tell anyone he'd left would be the companies fault so we shall see. Plus to be honest i wouldnt offer them more than £1 a month anyway as were on a DMP

It doesn't matter who the fault is, if they chase it you will have to pay it back. If you can only afford £1 then that is all you can afford but the company could ask you to prove this

ashleygunn

Hello. I think you will find that the following rules apply.

If they overpay you as a result of you terminating your employment and not giving the correct amount of notice, (i.e you walk out) you have to legally pay it back.

If they terminate your employment, or if you do give the correct amount of notice and they still overpay you - the money is yours. Nowt they can do about it.

And you can't give a former employee a bad reference (defamation of character), you can only refuse to give one.

I took legal advice when my wife was overpaid as a result of her walking out of her job five years ago.

Googlewhacker

ashleygunn wrote: »

Hello. I think you will find that the following rules apply.

If they overpay you as a result of you terminating your employment and not giving the correct amount of notice, (i.e you walk out) you have to legally pay it back.

If they terminate your employment, or if you do give the correct amount of notice and they still overpay you - the money is yours. Nowt they can do about it.

And you can't give a former employee a bad reference (defamation of character), you can only refuse to give one.

I took legal advice when my wife was overpaid as a result of her walking out of her job five years ago.

So you're telling me that if they accidently pay you 5 million quid you can keep it......


yeah right! I suspect in your wifes case there would be other factors involved

laurenjs88

Morning thanks, well basically he got called into a meeting but wasnt allowed into work they told him to meet them in a mall cafe and terminated the contract on the spot, he wasnt allowed to go back into work but was told he would be paid the rest of his contract (2 weeks) & holiday pay. So when the wages turned up it just looked fine. His wages & some holiday and obviously we used that as normal whilst he fond another job.

Also the reason why his contract was terminated were disgusting really so will bring that up to.

Googlewhacker

laurenjs88 wrote: »

Morning thanks, well basically he got called into a meeting but wasnt allowed into work they told him to meet them in a mall cafe and terminated the contract on the spot, he wasnt allowed to go back into work but was told he would be paid the rest of his contract (2 weeks) & holiday pay. So when the wages turned up it just looked fine. His wages & some holiday and obviously we used that as normal whilst he fond another job.

Also the reason why his contract was terminated were disgusting really so will bring that up to.

Unfortunately this is a differant matter to the ones the employers are bringing and they need to be kept seperate IMO. If you have grievances about how they handled the sacking etc then you need to speak to ACAS or a solicitor to see if they did things wrong and pursue that down the correct channels. But you only have 3 months less than one day to take things to an ET if they have done something wrong on most reasons.

ashleygunn

Googlewhacker wrote: »

So you're telling me that if they accidently pay you 5 million quid you can keep it......


yeah right! I suspect in your wifes case there would be other factors involved

Actually my wife "walked out" and they overpaid her so we paid it back as it was her fault. But if they overpay you through no fault of your own consider this:

If you accidentally screw up your standing order and accidentally pay money into the wrong persons bank account, do they legally have to pay it back? No! Same rules apply to overpayment of salary if its not your fault.