Overpayment of Wages due to Qualification Mistake

lynny76

Hi all

I started a new job 6 months ago and was told I had the necessary qualifications to receive wages on the qualified scale. However, I have recently discovered that the qualification I have is different from the required one. My employer are now looking to recover the wages they have overpaid me. At no point did I lie about which qualifications I have. I showed them my certificates at my interview, and to HR after accepting a formal offer of employment. It is only since registering with SSSC that this has come to anyone's attention. Do I have any rights in relation to this, considering it was their mistake?

Thanks for taking the time to read this and I hope you can help.

sho_me_da_money

They goofed up due to negligence on their part.

I don't think they can strip away your wages because they later realised they didn't conduct a thorough check. The right thing would be honor their mistake and leave what they paid you intact. Going forward, they could draw up a new contract - IF they are legally allowed to do that..... I think they can but it requires mutual agreement.

I'd be interested to see what the experts have to say on this matter...

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116

xangeleyes

I agree with the above post, it was their fault.
You showed them these certificates, they looked, they accepted them.
Perhaps you should make an appoint with the Citazins Advice or the ACAS (ACAS might be better as it is free help for employment issues )

isplumm

Hi,

Do you have a union ... also depending on how much you are talking about I would maybe see an employment lawyer.

Mark

lynny76

Thanks for your responses folks

I plan to get down to CAB on my next day off to seek some advice and take it further if necessary ie seeking advice form a solicitor. Im not yet in a union, but maybe I should be!!

I have no real problem with them dropping my wages until I complete the qualification I need I do however have an issue with also having to pay back the money due to their mistake. It will be about £1,000 they will be looking to get back from me.

Oldernotwiser

Although they have obviously made a mistake, did you tell them that your qualification was equivalent to the one they required?

paddedjohn

even though a mistake has been made, can you not show to your employer that you have been able to do the job for the last 6 months even without the right bits of paper? (assuming you are not trying to be a doctor or surgeon but even with these i wonder about their qualifications sometimes)

dseventy

I don't get the "its not my mistake - not my problem". When other posters have made mistakes, we get the "We're only human".

Anyway, I think this is about your contract. If it says somewhere that you get more pay for x qualification, and you don't have it, I think its reasonable to have to pay it back. After all you have that contract and signed it.

If you don't have it in the contract, I would appeal to the employer. You have had enough advice on this route.

D70

lynny76

Oldernotwiser wrote: »

Although they have obviously made a mistake, did you tell them that your qualification was equivalent to the one they required?

No I did not tell them it was equivalent. I did not try to lie or deceive them, it was clearly an ommisson on there part to actually check I had the correct qualifications.

getmore4less

What does the offer of employment say?