OH's Company over paid him

Cherryjack

Not such a good day, OH's company has over paid him by £600 so they say..we havent seen a payslip yet.. but he did lots of overtime.
They rang asking him for either a cheque or they will take it out of Decembers pay... grrrr

[Deleted User]

The worst time of year!

I would ask them to consider a monthly repayment given that it was their mistake. They can only take the money back should there be a clause in the Contract of employment or a form signed by the employee, this is normal so I would think there is.

Other than this they can only take money that leaves you with at least your protected earnings.

HTH

Cherryjack

Thanks assj, i think im worried that we havent had OH's payslip and i would like it broken down as to what they should be taking back...your right bad time of year for it to happen along with baby on the way in Jan... i know its theres if its too much but arghhhhh

[Deleted User]

Well I don't think it is unreasonable to ask for a monthly repayment option, I would state that I was in hardship and this has only made things worse, I don't understand why you have not had the pay advice as it is a legal requirement that this is provided on the day of pay or before, not after!. Having said that I know we can't all complain to employers, I am a manager in my place of work and I know how complaints do not go down as well as they probably should because most of the time they are valid. I would ask nicely and lay it on very thick, when the manager or HR reads the letter, added with the xmas feelings they may just agree with you, your request would not be unfair and they would get their alleged money back, but as you said for sure understand what you are paying back. HTH

Cherryjack

Thanks so much , i will draft up a letter for his H.R.. your advice is much appreciated.. will post back with update once we know

arcon5

Overpaid him over a period of time or just this single pay period? (ie paid him standard wage + £600)

If the latter why can't you just return it and treat the wage packet as you would have had they not made the mistake.............

Either way you wan't to make sure you keep your employer happy with whatever options you ask for as irrespective of any legal rights he could make life difficult.

MrsTinks

So they are saying they have over paid him for November? You wouldn't have spent that yet surely? If you haven't spent it yet then just don't spend it. Obviously wait for the payslip to work out what's he's due and what he isn't - make sure you don't spend what you are in doubt about and you should be ok.
DH had a £2800 over payment on Friday - thankfully he's learnt from years of my nagging and put it straight into his savings account so when they ask for it back it's there. He's let them know and they are speaking to the tax office as he's due a rebate but certainly not THAT nice a rebate!!!
Definitely don't pay it back by cheque! It'll make it harder to prove his actual salary and it could affect any credits or benefits you might get and he would also have paid tax on the money so if he pays back what they say they have over paid he'll actually be paying more back than he got if that makes sense?

[Deleted User]

As long as you are nice when you ask and if they say no then you comply they should not get upset, if you quote the law and so on then yes you may just cause upset, good luck anyway with your letter.

caeler

You might find your eventually told the repayment must occur within the same tax year (ie by March 2012) It's too late at night for me to remember exactly why that's the case but I remember something about taxation being out if not. Ask for a repayment plan, perhaps make a suggestion and make sure it is under 12 months as anything more is unreasonable. Double check the contract of employment to make sure there is something in there saying they reserve the right to take back overpayments, etc as other users have suggested. Make sure you get that breakdown and that your in complete agreement of the value of the overpayment. Good luck.

Cherryjack

:beer:Thanks everyone..i have been really good with the money from his wages so have told him to ask them for a correct payslip.. get them to properly work out the overpayment and then get them to deduct in decembers wages.. will be fine without this and like mentioned not worth gettin on the wrong side of them with jobs at risk etc.. was great to get the advice about not paying it back with a cheque as i hadnt thought about the tax implications