wages wrong for 3 years ???

kenf2210

waiting on them getting back to me,why not print a copy for me is very suspicious in my eyes,u can print anything thats on a computer screen and was refused a copy for myself

FBaby

However you look at it, you have been overpaid. This means you have received income you didn't earn (according to your contract, assuming you have been paid accordingly for overtime). There is no arguing that point. What you can argue though is that you had mitigating circumstances that mean that you were not aware of the overpayment and not easily in the position to do so, and therefore they should show some flexibility in how you repay this overpayment.

Acc72

patman99 wrote: »

You will also have paid extra Tax and NI on this £3,500 as well. So they will need to make sure that they square this up with HMRC.

In reality, 20% of £3500 = £700 and NI @ 11% = £385. So you should get a Tax/NI rebate of £1,085 back.
That takes the sting off the pay-back.

Just noticed the above post, which is incorrect.

The OP was overpaid by £3,500 Gross.

Although you say that they "overpaid" tax, this came out of their own overpayment !

This will be paid back by deducting £3,500 Gross from the OP's pay - at this point, the deduction will also result in a reduction in Tax and NIC paid at that point.

lakes17

kenf2210 wrote: »

hi,i knew about the overpaid wages ????? your joking right ?
i dont get paid enough at my job
someone at HR is to blame for this or my old manager not processed the paperwork correctly with dropped pay + hours,tough on them not my fault someone couldnt do there job properly

Just because you think you don't get paid enough is no reason for you not realising you'd been overpaid.


And it's not tough on them it is tough on you as they are well within their rights to expect the money be paid back which can, if necessary, deduct from your wages every month provided they write to you and inform you of the breakdown also how much they will deduct.

bevanuk

Any route you take here is still going to end up with you paying them backthe money that you owe.

Before you argue that you don't owe it, you do. You have correctlyidentified that they have overpaid you, it is their error. It doesn't mean thatit becomes null because they made the mistake - you also made a mistake by notchecking anything.

If you got in a taxi and the fare was £20, but you accidentally gave him £40- is it okay for him to keep that, or would you expect it back?

Whether you are underpaid or not isn't relevant to the issue at hand - ifyou think that you don't earn enough then you need to look at getting anotherjob.

I assume after 12 years service you intend on staying there for a whilelonger? Your best plan of attack is to negotiate the payment plan as long aspossible to make it easier on your pocket.
Be warned though, if you leave before you have repaid it then they willlikely take it out of your last wage, leaving you with nothing.

silentkiller

I am probably going to add to everything that's been said but unfortunately I don't think you have a right to keep the money even if it was their mistake. In my employee handbook it says the company reserves the right to take back any money overpaid to us unless it will cause hardship, in which case a longer payment term will be sorted. If we leave before payment is complete, they can claim all of it out of our final pay.

But you aren't entitled to the money just because 'it's their mistake' sorry.
Providing they are able to provide evidence that it was over paid over 3 years, or whatever, then I would go in there and negotiate a longer term - don't go in there and say you're not paying it back because you will come off worse.

Life would be great if it worked out that way, but it doesnt.

Think how quick you'd be on them if you were underpaid?

bevanuk

silentkiller wrote: »

think how quick you'd be on them if you were underpaid?

^^^^this^^^^ :t

silentkiller

Just to add an example - my colleagues and I were paid Friday just gone. One of the guys who works in the warehouse straight away looked at his payslip and saw that he had been overpaid because he had gone off sick 2 days and this had not been deducted. The first thing he did was speak to one of the directors to tell them.

I personally know exactly what I get paid every month and would know straight away if something is not right (without even looking at payslip).

I completely understand that you feel agrieved that you are worth more than they pay (and you probably are), but that doesn't make you entitled to the money.

And if you did work the extra hours, then if you never negotiated overtime terms then that's your loss unfortunately.

We do not have overtime in my position - occasionally we are requested to work beyond our time (I have not had a break for 3 days) but that, again, does not result in entitlement.

Although, as I state above, all this depends on whether they can prove it.

I hope you sort it out though.

22cuddles

I was overpaid by about £1000 in my last job. Like yourself I took a cut in hours from 44 to 40 per week and just assumed payroll had dealt with it accordingly. Once the error was discovered I was given 24 hours notice by my line manager (pay day before Christmas) so I think you've been relatively lucky that you've had some warning to be honest. Fortunately my line manager was very supportive and managed to get head office to give me two thirds of it back within a couple of days and split the remainder over the next couple of paychecks. I was quite happy to pay it back, just some warning and a mutual agreement of a manageable way to do so would have been helpful. It didn't help that six months after I joined the company it came to light that they hadn't been paying me for Saturdays (I worked alternate weekends) but I had to wait several weeks for them to sort it out.

If I were you I'd be agreeing to pay it back but negotiating a manageable amount each paycheck.

makeyourdaddyproud

Maybe not £25k (lol), but a counter-claim estoppel defence might put them off, because if that extra money was spent on nothing out of the ordinary, or what would be considered out of line from your normal wages expenditure, then you may have a case to keep the money.


It's not a done deal having to pay it back, it never has been.