I need some help over an "overpayment" demand

jakrabbit

I work for a local council and last year as part of the Single Status pay and structure review which was promoted with a tag line of having no losers, I was part of a group of workers across the council that lost out and had a pay cut due to the way that they decided to change the things like shift allowances, etc.
Anyway to cushion this blow they gave us a one off payment which they called a Hardship Allowance. We liked the sound of this but no-one would tell us what this figure was exactly or how to work it out for ourselves, so when we received the payments in July 2009 we accepted them in good faith, but it then it became clear that there was a large variation in what people had been paid, even between people that had identical situations re hours, shift patterns, length of service, etc.
Again no-one would give us specific on how these figures had been reached.
12 months later, July 2010, letters started arriving saying that we had been overpaid and they wanted the money back. These demands ranged from £100 to a couple of £1000. We again asked for an explanation on how these figures were worked out but none was given.
The union was involved and it seemed to forgotten about, but guess what's come through the door today, another demand, another figure and still no way for us to work out for ourselves what we should have had.

I am waiting for my union rep to get back to me but I was wondering if anyone out there has any help or advice to offer me:

1/ Is there an issue with the timescale, 12 months after the payment when they ask for the overpayment
2/ As they would not offer us a way of checking the amount we were due, we had to accept the payment in good faith - so should they not be responsible for their own mistakes and write off the mistakes
3/ if the worst comes to the worst what is the smallest monthly/weekly amount we can offer to pay it back and what is the most they can demand each month (bearing in mind this all came about because they cut our wages)
4/ What about putting in a complaint against the people responsible for this, would it be a waste of time or would the effect on me & my colleagues be taken seriously because if I'd made a mistake on this scale in my job, I'd probably be looking at a disciplinary if not dismissal

Any help or advice, contacts, websites, anything that can help me with this issue would be much appreciated

DVardysShadow

1 - after 6 years the claim is out of time - statute barred - but that is it.
2 - morally, yes. Do you have evidence of having asked how the payment was calculated? Because legally it is a minefield
3 - depends on individual circumstances
4 - you could raise a grievance and I think it may be the right way to go with this

SarEl

jakrabbit wrote: »

3/ if the worst comes to the worst what is the smallest monthly/weekly amount we can offer to pay it back and what is the most they can demand each month (bearing in mind this all came about because they cut our wages)

Regardless of how it came about the law is very clear on this point. If they can evidence that you owe the money, it is not about what the "smallest amount they can demand" is. They can take the money owed out of your wages directly and it is a lawful deduction. So if your offer is not realistic, they can just take it anyway. It has nothing to do with your circumstances, a matter which would only be important if it went to court, and since they "own" your wage before you do, you are in no strong position. So the onus would be (assuming they can evidence this overpayment) on you to convince them - not the other way around.