Overpayment of Wages

lerwick

Deleted_User wrote: »

Lerwick do you get paid exactly the same each Month? Just because you only earn 400 per Month if for some reason you earnt more during your qualifying period you may still have been entitled. I know a of someone who deliberately held back some of her timesheets, then handed them in on her qualifying Months so she was entitled to SMP from BOTH her employers!

Hubby was of the same opinion but i do not wish to overly complicate things..... i usually did overtimes but I stuck to my contracted hours once I got pregnant because I was a bit poorly and didn't need any additional stress. The reason I am not pursuing that line of action is because at the end of the day, I am entitled to maternity payment and it doesn't really matter to me where it came from.

skintandscared_2

If your HR department is in another office, who in YOUR office would have been responsible for sending the necessary forms to them, and who employed your maternity cover?!

lerwick

skintandscared wrote: »

If your HR department is in another office, who in YOUR office would have been responsible for sending the necessary forms to them, and who employed your maternity cover?!

My line manager who incidently has left the company. The advert for my cover ran in the company website so HR must have been aware one way or the other.

sarahk100574

Hi again lerwick,

just to let you know that again I agree with posters that it is 100% your employer at fault here. The fact that you "shoul/could" have been aware of a problem does not mitigate them in any way.

The statutory maternity conditions in this country are a big deal for most employers, and most make it their business to ensure they comply with the current legislations. The facts are simple, you provide the matb1 (which you did) and they must respond with either maternity pay or a form smp1. No if's or buts!

Just hazarding a guess, but are you employed within the civil/public services somewhere? They are the only employers I have come accross before to c**k up so monumentally with regards to statutory payments! I would almost certainly seek some legal advice, but perhaps start by approaching ACAS and raising it as a dispute within the formal channels of the employers organisation at the same time... they haven't got a leg to stand on if the facts are as clear cut as they seem to be from your postings!

skintandscared_2

lerwick wrote: »

My line manager who incidently has left the company. The advert for my cover ran in the company website so HR must have been aware one way or the other.

Sorry - yes - just read your reply email to them properly. Go you! Can't wait to hear their response to that!

lerwick

Thanks for all your responses. I truly appreciate each and every input. I will keep this thread updated as matters unfold. Many thanks again.

[Deleted User]

http://www.dwp.gov.uk/docs/smp1-print.pdf

Form above.

I had a word with our Employment Rights Advisor at work about this today (we share an office). He was of the opinion that it is an overpayment of wages and your Employer has the right to try and reclaim this from you :-( so maybe you should put in for the MA, See how accept the 3 Months backpay and offer this as repayment but get ask them to right off the first 3 Months that you can't get as it was there error?

Just a suggestion.

lerwick

Deleted_User wrote: »

Form above.

I had a word with our Employment Rights Advisor at work about this today (we share an office). He was of the opinion that it is an overpayment of wages and your Employer has the right to try and reclaim this from you :-( so maybe you should put in for the MA, See how accept the 3 Months backpay and offer this as repayment but get ask them to right off the first 3 Months that you can't get as it was there error?
Just a suggestion.

Thanks for taking the trouble to ask. I also spoke to ACAS and CAB today. They are of the opinion that it is legally right for them to ask for a refund but morally and ethically wrong being that it was their fault. So i was advised to pursue it from the moral angle.
I am still waiting for the SMP1 and I will send to DWP with an explanation. If they pay back 90% of my wages for the last six months, I will gross it up and pay back. If they pay back only three months, I will also gross it up and refund my employer, the remaining three months they would have to write off somehow otherwise.....