Overpaid at work- advice

jellybeanbaby

I had an email from Payroll today to advise me that since my return from maternity leave in July last year I have been overpaid a total of nearly £3000 gross pay.

This is an error on their side as apparently they didnt update all of the relevant places when I changed hours.

When I returned from mat leave and went back to a wage I queried with them the new amount as it seemed higher than I expected. It was advised at the time that this was correct. I left it at that and unknowingly have been spending money that isn't technically mine since then.

They want the repayment in installments every month. We have yet to agree an amount. This is a huge sum of money and not only will my monthly net income be reduced (not sure exactly how much yet) but I will also have to be making payments back to them.

This has left me in a really difficult position as I am literally just getting by now and had no idea that I was about to be taking home considerably less!! to make matter even more difficult im pregnant again so was due to take a drop in earnings for some time anyway.

What is my position with this. Is it something I just have to make do with and repay or because this was queried and was not my fault, is this something I can dispute?

Thanks

Horace

You will have to repay it, your firm noticed that you had been overpaid and has rightly asked for it back. They should agree with you on the amount they will take from you until it is paid off in full, you could always see if they will allow you to pay it back over a longer period of time.

Forwandert

jellybeanbaby wrote: »

When I returned from mat leave and went back to a wage I queried with them the new amount as it seemed higher than I expected. It was advised at the time that this was correct. I left it at that and unknowingly have been spending money that isn't technically mine since then.

Does whoever you spoke to when you returned remember you raising this issue? it doesn't make a difference legally as you have to pay it back but due to you already highlighting this issue over a year ago and nothing being done i would be pressing a little on this side of things, they might not have to do anything but at the same time you tried correcting the issue a long time ago and they said your wage was correct, is there a written record of your query?

Uncertain

jellybeanbaby wrote: »

This is an error on their side as apparently they didnt update all of the relevant places when I changed hours.

When I returned from mat leave and went back to a wage I queried with them the new amount as it seemed higher than I expected. It was advised at the time that this was correct. I left it at that and unknowingly have been spending money that isn't technically mine since then.

Even though this was an error on their part and you pointed it out to them they almost certainly still have a right to reclaim the money.

I say almost certainly as there have been one or two cases where courts have ruled in an employee's favour but these are complex and you would need specialist legal advice.

If you have hard proof that you pointed out the error, but they still insisted that they were right, you MIGHT be able to use this to get some gesture of goodwill if you make enough fuss at a high enough level.

philkirby

Give it back and do the right thing - you will have a better chance of being promoted or recognised that way! Legally, you have to give it back anyway, otherwise it can be considered as theft.

jellybeanbaby

Thanks for the replies. I spoke to my line manager (who sent the query at my request) and low and behold she doesn't have a copy of the sent or received email! Im annoyed about it as I dont have proof, although she has said she vividly remembers me querying it and querying it herself etc etc

So unless she can remember the specific person she emailed in the hope that they have a copy. I have no proof apart from my word and my LM's.

I have no issue repaying the money. Like I said the money wasn't mine to spend afterall. But im thinking more towards the amounts and terms in which I repay. Its a lot of money and in all honesty I cant afford large amounts per month. So this is going to have to be a long term repayment until at least next year when I am back in work after a mat leave break.

Just annoying is all to come into work to be told you owe someone £3k!

Savvy_Sue

See if you can get your LM on side for a longer period of repayment, AND for a gesture of goodwill in not requiring all of it to be repaid. If she makes the request, it may carry more weight than just you.

do work know you are pregnant again yet?