Employer making me pay pack money... HELP!!!

BLT_2

pjjafc wrote: »

Hi,

Just found out my employer have been paying me £3710 location allowance for 2 years in error (they have admitted its their fault) when it should be the outer London allowance. They are now asking me to pay back over £4000!!!! What the hell can I do???

So in those 2 years you never discussed your allowances with other people in a similar situation to you, you never investigated the terms and conditions of your contracts and what financial benefits you were entitled to?

If you were actually shocked at the mistake you have my condolences, however being a natural born cynic I suspect you were actually hoping they wouldn't notice

dave4545454

don't give them a penny as they've even admitted it's their fault and are not legally entitled to the money. maybe they'll learn from their mistake and won't be as incompetent in the future.

Mudd14

Um ^^^^^ what?

They are legally titled to the money back, its there money which they overpaid in error and the employment rights act allows them to recover this.

I would suggest to them a repayment plan, leaving would make matters worse as said above they could just reclaim it through a county court.

Uncertain

dave4545454 wrote: »

don't give them a penny as they've even admitted it's their fault and are not legally entitled to the money. maybe they'll learn from their mistake and won't be as incompetent in the future.

I think there is only a very slim chance of this being the case.

The normal principle is that that they are able to ask for the money back but at a sensible rate that can reasonably be afforded.

There can be exceptions to this in certain circumstances. There was an appeal case quite recently (A Barclays Bank employee ??) where the court ruled in the employee's favour. However the OP would need good professional advice about whether this has set a useful precedent.

getmore4less

BLT wrote: »

So in those 2 years you never discussed your allowances with other people in a similar situation to you, you never investigated the terms and conditions of your contracts and what financial benefits you were entitled to?

If you were actually shocked at the mistake you have my condolences, however being a natural born cynic I suspect you were actually hoping they wouldn't notice

I have know enough people that asume their employer get it right and don't check, especialy those with very variable and complicated pay structures.

An employer that can't get the basics like paying people correctly needs to have a good look at their proceedures.

dave4545454

Mudd14 wrote: »

its there money

Um ^^^^^ what?

DCFC79

Are your payslips given a breakdown and was the payment no listed,

Mudd14

dave4545454 wrote: »

Um ^^^^^ what?

Apologies, their. Perhaps you could have a bit more understanding of employment law and practice as you do of the English language before replying in future

Perhaps you could use some capitals in future as well

dave4545454

it should have been "it's" too.
perhaps you could go back to school and learn some english.

jdturk

dave4545454 wrote: »

it should have been "it's" too.
perhaps you could go back to school and learn some english.

Perhaps you don't be so rude?