payment received from ex employer, demanding repayment.

justanotherbloke

Have received corrispondance from an ex employer demanding repayment of an overpayment of wages that was caused by their error. I didn't realise I had been paid this, what rights do I have? I haven't worked for them for some time.

DCFC79

How long have you not worked for them ?

If its actually correct you were overpaid then repay it, ask them for here you were overpaid, why did you not notice the overpayment ?

justanotherbloke

Thanks for your reply. I hadn't worked for them in over 3 months. I got paid from my new employer on same day and several DD came out at the same time, it wasn't a very large payment from them it was overlooked. Do they have the right to demand this back?

sinizterguy

justanotherbloke wrote: »

Do they have the right to demand this back?

Of course they do.

If you notice an underpayment 3 months after you left an employer, are you going to just let it go ? If not, why do you think they should ?

justanotherbloke

that's that then, guess i'm just annoyed that I get a demand for immediate repayment letter out of the blue and it's not my fault.

sinizterguy

justanotherbloke wrote: »

that's that then, guess i'm just annoyed that I get a demand for immediate repayment letter out of the blue and it's not my fault.

If it is an unreasonable amount to pay back immediately, you could ask them to allow you to pay in back in 2-3 instalments.

FBaby

It was your fault not to have calcuated what was owed to whom at the time of leaving.

justanotherbloke

The error was entirely on their part.

TBagpuss

You have to repay them - it may have been their error, but you are not entitled to the money.

If it is more than you can afford to pay back in one go you can explain this and propose a repayment schedule over a couple of months.

sinizterguy

justanotherbloke wrote: »

The error was entirely on their part.

Absolutely.

It is entirely their fault that you did not double check your final pay slip.

How could anyone expect a normal adult holding down a job to ever check their own pay slip ?

The company, of course, finds these superhuman employees who are infallible to calculate and arrange pay and pay slips.

Granglio

Much will depend on what was stated in the employment contract. Some contracts state that, if an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate. In either situation, you should obtain advice from a solicitor, or the Citizen’s Advice Bureau, or another local organisation providing advice on legal, employment or tax matters.