Overpayment from work

Grooveshark

After a abit of advice really regarding a situation at work.

I was employed by my local council as a Family Support Worker, which required me to use a car and I was paid an essential car user allowance for this, worth in the region of 80 pound per month. In September 2009 I changed jobs to work in a school - but I am still required to use my car on a regular basis for various different reasons.

I was told yesterday by the HR manager at school, that after an audit by the school and/or council, I shouldn't have been entitled to this (unbeknown to me) and should have been on a casual car user allowance, which means I should have just claimed per mile for any car usage through work.

They told me that this was a mistake by the council payroll and although I am still employed by the local council, my wages come out of the school budget.

I've worked out the overpayment and it is roughly at about £1500, which the school are requesting I pay back to them. They have offered to come to some arrangement with regard to how much exactly it is (given that I have used my car frequently) and how much per month I pay back.

I haven't agreed to anything yet and have left a message for my local union to contact me.

I feel that I'm in a really difficult position because if I refuse to pay back the overpayment then I'm unsure whether this leaves my position at school untenable, as it is the school's budget that will suffer and not the local council's.

But on the other hand I also feel the school should be exporing the possibility of claiming back the money from the local council and not myself, as it was an error on their part.

It is worth noting that this has taken 4 audits (2 by the school and 2 by the council) each at the start/end of the financial year for this to come to light.

Any advice or suggestions very welcome.

DVardysShadow

A lot depends on your letter of appointment to the new job and what it says about the car allowance you are entitled to. With this sort of problem, a number of posters will come on here and say 'You owe the money, so you should pay it back'. But, the first question to ask is if you really do owe the money or whether the employer is moving the goal posts. Don't worry about the school budget, it is not your problem.

Googlewhacker

DVardysShadow wrote: »

A lot depends on your letter of appointment to the new job and what it says about the car allowance you are entitled to. With this sort of problem, a number of posters will come on here and say 'You owe the money, so you should pay it back'. But, the first question to ask is if you really do owe the money or whether the employer is moving the goal posts. Don't worry about the school budget, it is not your problem.

I agree, find out whether or not it was clear that you would not be getting that money when you moved jobs.

The if you owe the money pay it back, if not don't.

Savvy_Sue

If the overpayment's been made over roughly 18 months (as it seems to have been) and it is established that you do owe it, then I'd ask to repay it over the same period.

livermum

Did it not state what your allowance was on your contract?

Foggster

Why did you think you would still be entitled to an essential car user allowance? What did it say on your letter of appointment? Speak with the schools HR officer/admin assistant and ask to see the paperwork that would have been sent to the Council to set up your new contract. I doubt very much it would show you being entitled to an essential car user allowance. I would then ask the Council why this was not picked up when the paperwork was submitted.

Although the budget may not "be your problem" an overpayment is an overpayment and it is owed back. Had you not received an allowance that you were entitled to, would you accept the school's response of "not our problem" if you discovered it hadnt been paid?