Maternity pay overpayment

So I've recently left my job after being on maternity leave. I received my last pay today and they have deducted money for what I'm guessing is an overpayment on maternity pay. I was due to get my holidays paid, and also they owed me for a pay rise I never received. I was only recieving SMP so i was on a low amount anyway, but they have deducted £397 and left me with £261 to live off until my income support comes through (which could take 6-8 weeks). My problem is I know I owe this money but they never notified me that they were deducting it and now they've left me really short. Are they allowed to take a lump sum out of my statutory maternity pay without notifying me? I would have happily paid the money back in instalments.

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 46,013 Forumite
    Name Dropper First Post First Anniversary
    If the money has been correctly deducted, then the time to discuss paying in instalments has passed.

    If you don't think the deduction is correct, or can't follow their workings, then speak to them!
    Signature removed for peace of mind
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Yes they can take it out of your final pay, there is no right to pay by installments.
  • "Once you have qualified for SMP you are entitled to receive all of it from your employer for 39 weeks even if you resign from your job or you are dismissed or you decide not to go back to work after maternity leave. " - from Maternity Action website (https://www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/resigning-during-pregnancy-and-maternity-leave/)

    doesn't look like they are allowed to reclaim statutory maternity pay so either your former employer has made a mistake, or the deduction is for something else - ask them for a breakdown of how they've calculated your final pay
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