Can employer do this?

hayley11

Hi

My sister in law has recently turned 18 and assumed she would be getting a payrise at work, she asked her manager about this and discovered they have already been paying her the NMW for somebody over 18.

They are now asking for this back, but she has been paid exactly what was in her contract, that can't be considered an overpayment surely?

She only works there part time at the weekend and the amount they want her to repay each month would leave her coming home with £10 each month.

Can anybody advise?

Thanks

DandelionPatrol

This is not going to end well ...

Essentially, unless they can prove that they told her she would be paid a lower amount than they actually paid her, she owes them nothing and she should not agree to any deductions in respect of the period prior to turning 18.

If they make deductions [unless they can prove overpayment], I believe it will be illegal deduction of wages and if she is on NMW, it will be a violation of NMW legislation.

Of course, if she stands her ground with people like this, she will end up either ripped off or out on her ear.

ShakeItOff

If her original contract stated her pay rate as it is paid now, then no, they don't have a come back. It would have been their administrative error. Make sure that she keeps a copy of her contract safe, just in case she needs to rely on it later.

changeyourlife

It's all about the contract, as long as the amount is stated in there, the company can not do anything.

If I was in her shoes, I would be looking at finding another job, the company obviously doesn't value its staff.

KiKi

....not necessarily. How long has she worked there? If, for example, they made an error in her pay, and she's only worked there for a few weeks, it may be that it's a genuine error and they can reclaim it. Employers are allowed to make errors, even in contracts, if there's evidence to show that the original job was clearly NMW, and was offered as such.

I would think that length of time in role and how long this has gone on would make a difference, as well as any details in any offer letter / email she has.

KiKi

Annisele

Presumably she's worked there less than two years, since she's only just 18. That means any competent employer can sack her with no comeback. (I say "competent" because there are some unlawful reasons for sacking people with short service - such as them insisting on their legal right to minimum wage - but if the employer's not an idiot it'll think of some other reason to fire her).

Who has told her she'll have to pay it back? If it's her manager, then an appeal to HR (assuming it's a large company) might help - but it'll also annoy her manager.