Over Payment.

shezza2

Hi all I have just been informed by my work that they have over paid me £656.63 because they put me on the wrong rate of pay.
when I started the job I was told my rate and never given anything in writing. I have been here now for about 2 1/2 years and still have no rule book or contract.
My questions are can they dictate to me the amount I have to pay back on a weekly basis. I fact can can they just take it back anyway.

scooby088

Yes, but you can come to some sort of agreement with them.

shezza2

scooby088 wrote: »

Yes, but you can come to some sort of agreement with them.

What would you think was a good starting point for me to go for. Bearing in mind my wages went down £13 a week when they decided that they had given me the wrong rate.

The amount that they want back say's Gross does this mean there is this is tax to come off meaning it will be less than £650 odd. Because I paid stoppages on the overpayment.

getmore4less

First thing to do is argue the case for the pay you were on if that was the rate you were told it would be, 1.5 years is plenty of time for them to have noticed.

If you do agree to pay it back.
A good starting point is to pay back over the same period(30months) that you were overpaid so around the £22pm or longer if it would cause hardship, you try twice the period so I guess around £11pm.

One thing to watch is the NI and tax if you are low paid.

shezza2

getmore4less wrote: »

First thing to do is argue the case for the pay you were on if that was the rate you were told it would be, 1.5 years is plenty of time for them to have noticed.

If you do agree to pay it back.
A good starting point is to pay back over the same period(30months) that you were overpaid so around the £22pm or longer if it would cause hardship, you try twice the period so I guess around £11pm.

One thing to watch is the NI and tax if you are low paid.

What have I got to watch for regarding NI & Tax.
I take home £214.
Just an aside.....I work for a council run place,and wages are done by East Midlands Shared Service.
And to make matters worse I answer the phone many times a day with Irate customers that are owed vast amounts of money from our council.

haycorns

Has it been wrong from the very beginning ? Does your pay slip show annaula salary. I work for a council's HR department. Our payslips do not show hourly rate or annual salary. I would argue that it was not possible to check. You should be able to pay back gradually as it was there error. However, you manager could choose not to claim back the overpayment. Have you spoken to them and to HR?

If the letters/instructions are coming from shared services , the mistake might have been theres and they are trying to cover their loss. I would be asking more about how it happened and explaining that you weren't to know. I would also raise that you have not received any form of contract that confirmed your pay.

ValHaller

shezza2, in your position, I would be arguing that your very first pay slip was the contractual notice of rate of pay and that in the absence of any contract letter, the employer has not a leg to stand on to form a valid claim that they had overpaid you.

The effective offer of a rate of pay was in the first payslip and you accepted that by continuing to work there. If they now attempt to reclaim money by deducting from wages, I would be inclined to say it was unlawful deduction of wages.

getmore4less

the numbers don't seem to add up.

you say your wages dropped £13pw but the total overpayment over 2.5 years(130weeks) would suggest a gross difference of only around £5.

The issue with NI is that over the primary threshold(£149pw) you paid 12% but if the refund takes you below you pay nothing.

how many hours are you doing £214 would £235 gross that's close to min wage for 37hours.

shezza2

OMG just when I thought my wages office couldn't get any worse.
I have been in contact with them regarding the over payment
because on the spread sheet they have sent me it shows that I have been over paid by £13.83 a week for 43 weeks. So I got all my wage slips out from day one and then I started on 6.6405 that lasted for 12 weeks and then they told me the rate was wrong and changed it to 6.7776 I asked why and they said it was just an increase. This lasted for 66 weeks and then it changed to 6.9146 again I asked about this and the reply was that they had got it wrong. this lasted for 6 weeks.
And then they apologised and said that they had been overpaying me.
And in fact the first rate did not exist.So as I say the spreadsheet says
43 weeks at 6.9146 when even that is wrong. I work for a council run theatre and paid by the council weekly. I have no pension with them and retire next Nov. but I don't want them to get away with this, and I will certainly dig my heels in. Now I and this forum no what the facts are, any advice would be gratefully recieved.
NOTE: My first 4 months were casual although I never worked under 30 hours and then I was made Full time 39hrs.

getmore4less

£13.82/39 is 35.44p ph

if they reduce your wage and then try to get back the overpayment that will take you below min wage.

Are you getting paid holidays?


I would also check what rate they are paying you now

min wage £6.31 for 39hrs is gross £246.09 take home of £221.53

37hrs would be £212.95

I would also check back you previous payslips you may have been under paid all along. have they got you doing less hours?


might be worth putting up the info from a payslip, hrs rate tax NI and tax code any other deductions etc, just nothing personal.

shezza2

getmore4less wrote: »

£13.82/39 is 35.44p ph

if they reduce your wage and then try to get back the overpayment that will take you below min wage.

Are you getting paid holidays?


I would also check what rate they are paying you now

min wage £6.31 for 39hrs is gross £246.09 take home of £221.53

37hrs would be £212.95

I would also check back you previous payslips you may have been under paid all along. have they got you doing less hours?


might be worth putting up the info from a payslip, hrs rate tax NI and tax code any other deductions etc, just nothing personal.

My pay is now 6.56 which is what they say it should have been from day one for 39 hours which I have to do. I do get paid for holidays.