Overpaid - URGENT ADVICE

mjtomo

Hi all, the company I work for have informed me that they have overpaid me by about £1000 since I first started 3 months ago. I have no contract and have nothing in writing from them to say what my wage is so naturally I have had no reason to suspect any overpayment. Do I have an obligation to pay back??
I wanted some quick advice as I am meeting with my boss tomorrow to discuss the matter and wanted to know my rights before the meeting.
Thankyou

getmore4less

What is on your pay slips?

getmore4less

What did you agree when taking on the job.

mjtomo

getmore4less wrote: »

What did you agree when taking on the job.

I was asked what my wage was at my previous job, I told him and he said it would be more than that. And that is the only conversation I have had with anyone at the company regarding pay.

Bogalot

mjtomo wrote: »

I was asked what my wage was at my previous job, I told him and he said it would be more than that. And that is the only conversation I have had with anyone at the company regarding pay.

Difficult to believe anyone would start a job without any idea of what they are earning.

marcarm

Bogalot wrote: »

Difficult to believe anyone would start a job without any idea of what they are earning.

Agreed.

The OP can turn this around and say they have been underpaid, with nothing to say who is right/wrong it's one word against the other.

Why was your salary not agreed before starting, and how did they come up with the figure of £1000?

elsien

As a starting point ask them to show you their sums and how the overpayment has been worked out.
Did you not get an offer letter with the salary on it?

Undervalued

mjtomo wrote: »

I was asked what my wage was at my previous job, I told him and he said it would be more than that. And that is the only conversation I have had with anyone at the company regarding pay.

And is it?

If it is then they have honoured the (verbal) contract. So any payment over and above a nominal amount more than your old salary will have to be repaid.

However, if what you have been paid is below your old salary then they are in breach of contract and actually owe you some money!

That said, proving what was agreed will be difficult. If it went to court a judge would decide "on the balance of probabilities". You can no doubt prove what your old job paid and it would be a reasonable argument that you wouldn't have moved for less so that should help. However, if you end up down that route it is unlikely you will keep the job for long.

mjtomo

Ok, I didnt want to go into great detail but as a few of you have questioned I will explain in more detail.
I have worked in Horse Racing for over 10 years and 3 years ago decided to look elsewhere as the hours and shifts etc were too much, i decided I wanted a 5 day a week job, no hassle. I then worked for a building company for a few years and this summer realised that working with horses is my passion. I spotted a stud farm for breeding racehorses about 30 miles from my house, enquired about jobs and was told to go for a meeting. I had a meeting with the owner who as i said asked me how much I was earning, I told him and he told me it would be more than that. I was in a good position as my previous employer recognised that I wanted to get back with horses and told me if it didnt work out there would always be a job for me. So I took my chance and a month later was given my first pay check which confirmed I was on more money than my previous job ( I also now work 6 days a week), so I thought nothing was out of the ordinary. Now I find myself in this position?? There is no proof anywhere of agreed salary

Undervalued

mjtomo wrote: »

Ok, I didnt want to go into great detail but as a few of you have questioned I will explain in more detail.
I have worked in Horse Racing for over 10 years and 3 years ago decided to look elsewhere as the hours and shifts etc were too much, i decided I wanted a 5 day a week job, no hassle. I then worked for a building company for a few years and this summer realised that working with horses is my passion. I spotted a stud farm for breeding racehorses about 30 miles from my house, enquired about jobs and was told to go for a meeting. I had a meeting with the owner who as i said asked me how much I was earning, I told him and he told me it would be more than that. I was in a good position as my previous employer recognised that I wanted to get back with horses and told me if it didnt work out there would always be a job for me. So I took my chance and a month later was given my first pay check which confirmed I was on more money than my previous job ( I also now work 6 days a week), so I thought nothing was out of the ordinary. Now I find myself in this position?? There is no proof anywhere of agreed salary

Well then it is really as I said in the final paragraph of my previous post.

All you can do in the first instance is have a polite word with the owner, remind him of what was agreed and maybe show him proof of what you were earning in your previous job. If he is good to his word then the problem is solved.

If not then it really comes down to whether you want to keep working there. If you don't and they refuse to pay the extra then you could go to the small claims court. Ultimately it would be down to who the judge believed but the evidence of what you earned before may help. That said, people do move for less money for all sorts of reasons.

Manxman_in_exile

getmore4less wrote: »

What is on your pay slips?

You are getting pay slips, aren't you? Paying tax etc?