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Overpaid, despite telling them 3 times.

I wonder what is thought of this. My reduction in hours came at the same time as a 10% pay rise and a few other union fought increases. After a few months of my pay not going down much (there is a monthly bonus pay that can fluctuate) I emailed asking if it was correct. I was told yes, and they gave me the pro rata calculation. I asked them to double check, they again say it's correct. I look at the salary quoted, about 4k higher than I thought it should be. I ask them if the salary is correct, they respond that it is correct. Cool, higher than I thought but whatever.

7 months later I get an email telling me I've been overpaid and that I must make arrangements to pay it back which is now close to 3k. I appreciate it's an error and I wasn't entitled to it, but I asked, 3 times; I mean how many times was I expected to ask?!

Do I have leg to stand on with this, or do I just have to let them make deductions from my salary?
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Comments

  • No, but since in your heart of hearts you knew you were being overpaid you have kept the money to one side so it won't be a problem to pay it back.
  • For 7 months? Yeh, thats exactly what I did. I mean I have the money, but ive adjusted things to be on that pay. I assumed the pay roll department knew what they were talking about. These requests to check were done by email over a 6 week period and checked by 3 different staff. There were many alterations made to pay around the time which is why it was entirely possible that my salary was correct; higher than I calculated, but still correct.

    I've read in the meantime that if you have proof that they have said, yes this is your salary, and it's correct, then you can fight the decision. So that's what I'll do unless anyone has some actual real advice.
  • One email has me saying, "This salary is way higher than I worked it out at, can you check it and make sure its been adjusted".

    Payroll: "Yes, we checked again for you and it's correct, this is what you should be on".

    So in my "heart of hearts", I figured I just couldn't add up for crap.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Did you put any of this past your line management?


    You could just write back and tell them
    These new calculations are wrong as it was confirmed on ddmmyyyy that my salary is.....
  • Deejay2017 wrote: »
    One email has me saying, "This salary is way higher than I worked it out at, can you check it and make sure its been adjusted".

    Payroll: "Yes, we checked again for you and it's correct, this is what you should be on".

    So in my "heart of hearts", I figured I just couldn't add up for crap.
    If you are in a union ask them to interject and ask that the new pay start from now...unlikely but you never know...
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Deejay2017 wrote: »
    For 7 months? Yeh, thats exactly what I did. I mean I have the money, but ive adjusted things to be on that pay. I assumed the pay roll department knew what they were talking about. These requests to check were done by email over a 6 week period and checked by 3 different staff. There were many alterations made to pay around the time which is why it was entirely possible that my salary was correct; higher than I calculated, but still correct.

    I've read in the meantime that if you have proof that they have said, yes this is your salary, and it's correct, then you can fight the decision. So that's what I'll do unless anyone has some actual real advice.

    Advice is irrelevant esp on here of all places...you will be verbally stoned to with in an inch of your life for daring to suggest keeping the money,in fact i feel physically sick just thinking how you could possibly be right,despite asking three times to the very people who should know the answer...;)

    My irrelevant advice and i will be thrown stones at for saying this...is keep it and tell employer you asked the question,you was told it was yours and you spent it occordindinly,i mean if you was to have the mind set "I'm not sure if this months wages are correct"" how the hell would we all live and function.

    Maybe the people who didn't know what they were paying people should be retrained.:beer:
  • Lol, fair enough.

    I've been overpaid in other jobs before. Highlighted it quickly, had it deducted from my next pay, no big issue. This is different for obvious reasons. The length of time and emails telling me it was 100% correct.

    Truthfully, I realised they were wrong when I compared wages with a colleague who started at the same time and recently moved back into the team. I then had to rummage for my contract on the HR system that has, what I guess my salary should be. But only the email to say I'd been overpaid prompted any of this. After emailing them, and getting the okay, I never thought any more about it.
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would respond to them enclosing copies of your previous enquiries and the responses and make an offer that you will not seek to rely on the assurances to continue to receive the higher rate of pay, but will agree to reduce down to what they now say is the correct figure on the basis that they do not seek to claw back the over payment.

    It sounds as though you took all reasonable steps to double check and to draw their attention to what you thought was a mistake, and were repeatedly assured that it was correct. Bearing in mind that this also happened at a time when your pay was changing in any event.

    Have you already flagged up with them your previous queries and the responses you were given?

    Under normal circumstances I would be saying that you should pay the money back, but here, I think you have better grounds to push back bearing in mind that you repeatedly flagged it up and were repeatedly told that you were wrong and they were right. I think that there comes a point when you are entitled to rely on what you are told by the employer.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Why not pay it back, but suggest to them that you pay it back EXTREMELY SLOWLY. Tell them that as they had confirmed that your new pay was x, you took on commitments and it is going to be a major pain to you to sort out these commitments, which were taken on only because of their mistake. In the circumstances, you can afford to repay only [small amount] per month. Small amount being the perfect amount which you won't really miss, but which shows them that you are being honest in repaying ...and again I use the term....THEIR MISTAKE.
    Ex board guide. Signature now changed (if you know, you know).
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Why not pay it back, but suggest to them that you pay it back EXTREMELY SLOWLY. Tell them that as they had confirmed that your new pay was x, you took on commitments and it is going to be a major pain to you to sort out these commitments, which were taken on only because of their mistake. In the circumstances, you can afford to repay only [small amount] per month. Small amount being the perfect amount which you won't really miss, but which shows them that you are being honest in repaying ...and again I use the term....THEIR MISTAKE.

    A good compromise is to offer pay back over the same period as the overpayments were made.

    This means you only take a double hit of going back to the reduced salary(one to the new salary and one to cover the payback)

    If that is still too much then double the time so the hit is only 1.5.


    Still don't understand why your line management were not involved.
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