Can my employer claim back money paid to me in these circumstances?

PrincessJR

Hi,

For the past 15 months I have been acting up as a Senior Manager while the SM was on maternity leave. She returned in Sept but I was expected to continue covering her role while she settled back in, which I was happy to do, and was paid for accordingly. My pay/position is due to revert back down this month (Dec) but now my employer says that their HR dept is going to reclaim the extra 3 months they 'overpaid' me at the Senior rate? even though I continued to work as Senior Manager?
Can the do that? - Surely if they expected me to continue in the role while she resettled, then it's appropriate that they continued to pay me during that time?

Talk about insult to injury! Not only am I getting demoted back down but now I have to pay THEM back money I was paid for a job I did?

Can someone give me some advice please?

ohreally

PrincessJR wrote: »

I was expected to continue covering her role while she settled back in

Can someone give me some advice please?

What was agreed and is there a paper trail regarding this?

There is a difference between expected to continue and being asked to continue. Were you explicitly asked and if so was there a trail?

PrincessJR

ohreally wrote: »

What was agreed and is there a paper trail regarding this?

There is a difference between expected to continue and being asked to continue. Were you explicitly asked and if so was there a trail?

I received a letter originally stating that my employment as a Senior Manager would be temporary until Sept 2015 (extended from the original termination date of July 2015 as maternity leave had been extended)
When Sept came I was asked verbally by my manager to continue past this date and my pay remained unchanged (so obviously I assumed HR were aware of his request and were continuing to pay me accordingly)

In asking me to continue to perform the duties and responsibilities of a Senior Manager, did my Manager enter into a verbal contract do you think? Obviously it's clear that this was what he'd asked me to do as I continued to be given tasks of a senior nature by him and manage junior staff.

ohreally

In those circumstances I'd agree with you.

How receptive is your manager likely to be in assisting you secure a positive resolution in terms of stopping HR clawing back? I don't see this as being an overpayment situation.

I think your manager should be more proactive in sorting this out.

bugslet

Do you have any paper trail that proves you were acting as senior manager that helps back up your work? Would the lady coming back from mat leave be happy to corroborate your work?

Agree with oh really, your manager should be being proactive and sorting it out.

Nebulous2

It sounds like your manager agreed this without a budget / approval and they're now trying to dig themselves out of it.

What happens now depends on how willing you are to pursue it. You are struggling because you don't have anything in writing - so its time to start. Write laying out what you have done here, keep it factual, unemotional, copy to your manager and HR. Ask for a response. Then if that doesn't work you could be looking at a formal grievance.

PrincessJR

Thanks everyone. I have a meeting with my manager and HR today at 10am so gives me very little time but I will be questioning my manager as I feel that this is poor management