Overpayment by employer - Now received invoice

Icematikx

Takeaway_Addict wrote: »

OP

They will either drop it after a few more letters threatening court for non payment or they will take it to court and the judge will make a decision based on the facts.

Make sure you are correct.

have to agree. go through your contract letter, triple check your earnings vs your hourly rate. give it to a solicitor to double-check too. paying a solicitor £100 will be cheaper than losing at court.

Gavin83

On what grounds are they saying they overpaid you?

andyuk2005

Thanks very much for the replies guys! I do appreciate it! Sorry for my late reply, been busy recently.

Funnily enough, their HR department were so bad I never actually signed an employment contract. I didn't sign anything at all! I know, very shoddy!

They're saying they overpaid me, but I think they paid me correctly. Seeing as I didn't sign a contract, do they have a leg to stand on do you reckon?

getmore4less

Signing is not relevent with employemnt contracts.

They exist because you worked they paid.

if they gave you something or said what the terms were that's enough,

However it is easier if there is something written like an offer letter, a contract doc, interview notes where terms were discused etc.

Gavin83

andyuk2005 wrote: »

Thanks very much for the replies guys! I do appreciate it! Sorry for my late reply, been busy recently.

Funnily enough, their HR department were so bad I never actually signed an employment contract. I didn't sign anything at all! I know, very shoddy!

They're saying they overpaid me, but I think they paid me correctly. Seeing as I didn't sign a contract, do they have a leg to stand on do you reckon?

In what way? Are they saying they've paid you at a higher rate than they should of, left something off, paid you for too many hours? There must be a specific reason as to why they feel they've overpaid you. It's a very blanket term.

CruisingSaver

Andy


I would ask HR to provide the calculation that shows how you've been overpaid and take it from there.


CS

duchy

CruisingSaver wrote: »

Andy


I would ask HR to provide the calculation that shows how you've been overpaid and take it from there.


CS

This


Some HR departments are shocking. Just gather your evidence and make sure all contact with them is in writing.

zzzLazyDaisy

It is not clear to me if you are saying that you were given a contract but did not sign it, or that you were never given a contract and therefore could not have signed it.

In any case, as GetMore4Less says, there is no legal requirement for an employee to sign a contract in order for it to be legally effective.

If you were given a written particulars of employment (often referred to as an employment contract), and continued to work for the company after receiving that document, then you are deemed to have accepted it by your conduct. The fact that many employers ask the employee to sign and return a copy of the contract does not change this. So if you were given a written contract, you need to check the terms very carefully, as it is required to state your remuneration/wages.

If you did not receive a written contract, then you need to look at your offer letter and/or any other written communication which sets out what you will be paid.