How far back can an employer in Scotland reclaim overpaid wages?

Jemima123

Hi

My ex employer has issued a letter stating that in Feb 2007 I was overpaid salary. It is now over 5.5 years later - do I need to pay this back? I left their employment just over 2.5 years ago.

Thanks

Jem

Uncertain

If this is the first time the matter has been raised then I would think it is statute barred. In England this would be SIX years but I'm 99% sure it is five years in Scotland.

If this is the case then, technically you still owe the money (assuming you do in fact owe it at all) but there is no legal means of making you pay.

This would rely on them having made no attempt to collect the money during that time (again assuming the rules are the same as for England).

I would try to double check with your local CAB but then simply write a letter saying that the alleged debt is statute barred and you are not therefore prepared to discuss it. If they persist, take further advice.