Overpayment of Wages after leaving the company - Estoppel case

Bluebirdman_of_Alcathays

Estoppel, whilst not impossible, is very unlikely to be a legitimate defense for keeping the money.

In any case you'd need to lawyer up pronto, which if you lose (likely) will be very very expensive.

And to bring common sense into play for a second, it's not yours, you haven't earned it, and you know this. Why not do the right thing and give it back?

http://www.pcs.org.uk/en/resources/legal_toolkit/legal_advice_from_thompsons_solicitors/pay/salary_overpayments.cfm

Undervalued

Luke_Alderson wrote: »

Ofcourse I thought I was entitled to it. It was a weeks full pay and my sick pay. Plus the fact I rang them and they themselves confirmed MY PAY WAS CORRECT. if that isn't enough to convince me I was entitled then I do not know what is???

Well, if you don't believe me then spend some money on getting some professional advice from an accountable source.

No doubt somebody will come along on this forum and tell you want you want hear but that doesn't meant they will be right!

Luke_Alderson

Undervalued wrote: »

Well, if you don't believe me then spend some money on getting some professional advice from an accountable source.

No doubt somebody will come along on this forum and tell you want you want hear but that doesn't meant they will be right!

No I am not saying I don't believe you, I'm grateful for your advice. I just want someone to explain why it doesn't apply to me. If I had been paid a grand over I would have noticed and no leg to stand on.

Surely them confirming my pay is correct leaves me entitled to think It is mine and correct?

Luke_Alderson

Bluebird fan too, welcome :T

I understand It isn't mine etc and haven't earned it springs to mind. I earned a bonus from working the whole month of september and yet they didn't pay me that due to the paydate falling on a day I was off sick..

I merely came here to learn why my case wouldn't stand against estoppel and nobody has really cleared up why it doesn't.

Mistral001

Luke_Alderson wrote: »

I rang them to query about being underpaid, they categorically told me it was correct. I assume calls to HR are recorded? .

I would not assume that it was recorded or even if it was recorded that it would be of any use in a court of law.


However, I would try to remember the precise date you made the telephone call and get a your telephone records for around the time you made the call so that you can confirm that you actually made the call.

Undervalued

Luke_Alderson wrote: »

Surely them confirming my pay is correct leaves me entitled to think It is mine and correct?

It is a tiny bit of help (although I suspect you would struggle to prove this happened as it was not in writing) but very unlikely to be sufficient on its own.

One of the very few successful cases I can think of involved somebody who was placed on the wrong pay grade. They were able to show good reasons why they genuinely had reason to believe this was correct. It went on for a long while and added up to a considerable sum. Their union paid for good legal representation and they did win against a huge employer.

A simple one off error, even if you could prove the phone confirmation, is very unlikely to be sufficient.

Luke_Alderson

Mistral001 wrote: »

I would not assume that it was recorded or even if it was recorded that it would be of any use in a court of law.


However, I would try to remember the precise date you made the telephone call and get a your telephone records for around the time you made the call so that you can confirm that you actually made the call.

I have the call logs so know the exact date. I still can't grasp how I could be any more sure that I was entitled to the money considering my own employer told me it was. Its just a case of finding out if the call is recorded.

Undervalued

Luke_Alderson wrote: »

I have the call logs so know the exact date. I still can't grasp how I could be any more sure that I was entitled to the money considering my own employer told me it was. Its just a case of finding out if the call is recorded.

I'm sorry but it is not just a case of that. At best, that might be a slight help.

What that is far more likely to help with is persuading your former employer to compromise or maybe, if you are very lucky, write it off and slap the payroll department's wrists.

Personally, based on what you have posted here, I wouldn't risk any money on a estoppel case.

Luke_Alderson

Undervalued wrote: »

I'm sorry but it is not just a case of that. At best, that might be a slight help.

What that is far more likely to help with is persuading your former employer to compromise or maybe, if you are very lucky, write it off and slap the payroll department's wrists.

Personally, based on what you have posted here, I wouldn't risk any money on a estoppel case.

Yeah sorry I meant it is just a case of finding out if they record calls so that I stand any chance of having an argument.

Luke_Alderson

Undervalued wrote: »

I'm sorry but it is not just a case of that. At best, that might be a slight help.

What that is far more likely to help with is persuading your former employer to compromise or maybe, if you are very lucky, write it off and slap the payroll department's wrists.

Personally, based on what you have posted here, I wouldn't risk any money on a estoppel case.

Do you agree though that my employer telling me my pay is correct when I rang to query is enough for me to think I am entitled to it?

Or am i missing something, in which case what else would you do? I