Overpayment by employer

Helpneeded1980

My employer has overpaid for 3 years a payment the told me I was entitled to...now they want thousands of pounds paid back to them...anyone know if I have a chance or arguing this

spadoosh

You need to give more info.

You can argue it ifs it not correct, you cant argue it if it is.

Please explain the situation in as much detail as youre willing to. No need for names or anythign that will ID you but accurate financial information and answers to questions will give you the best advice.

Silver_Queen

If they have actually overpaid you then you need to pay it back.

-taff

How did thry tell you you were entitled to this? By letter?

Helpneeded1980

It's all to do with a shift disturbance payment and a policy that is pretty vague.
Very complicated story but..

When I started working shifts a few years back they verbally told me I was entitled to the payment. They advised me to submit the request to receive it. The policy does say your line manager (who had to approve the payment) is responsible for ensuring you are entitled to receive it. He approved it and it then went to a senior manager meeting for approval.

They have now told me the don't think it meets the policy's criteria (which I disagree with).

However, my accounts and finance department have sent me an email last week saying it does meet the criteria and they are satisfied that I continue to receive it.

A senior HR manager disagrees and said I should pay it back. I anonymously emailed this very same senior HR manager and asked who should I contact to decide if a person should receive this allowance and he said accounts and finance. ???

-taff

Your manager and senior manager approved it. If they are going after anyone, it should be them and you have it in wiriting that it does meet the criteria.
Are you in a union? Do have have free legal advice anywhere? If you do, take some.
Peronsally, I don't think they can ask for it back because you asked for it, it was approved by two managers and the accounts department still think it's ok.

Helpneeded1980

I hope what you say is true...i guess i was hoping if there was anyone with some sort of legal background could advise me if I take it to a work tribunal if i have a case?

-taff

See if your post can be moved to the employment board.You'll probably get more 'legal' advice there.

fatbelly

It's more employment law than debt - you might want to run this past ACAS who have a helpline

0300 123 1100. It is available Monday to Friday 8am-6pm.

The outline process for disputing an overpayment is:

• Negotiate with the employer
  
• Raise a grievance
  
• Make a claim to an employment tribunal. You do not need to have worked for the employer for a particular length of time to make this claim. If the worker decides to make a claim, there is a three-month time limit for making a claim to an employment tribunal (or longer if the tribunal thinks it was not reasonably practical to present the claim in time). The time limit begins to run from the date when the deduction was made or the payment was lawfully due. If there has been a series of illegal deductions, the three months starts from the date of the last deduction. If the employer has asked for a payment which the worker has made, but which is not allowed for under the rules under which an employer can ask for payment from an employee in retail employment, the worker can make a claim to a tribunal within three months of the date the payment was made.
  
• Take court action

CakeCrusader

I don't know all of the facts, but from what you've said here this would probably come under the rule of 'reasonable reliance'. You were told by two different managers that you were entitled to this, they can't suddenly withdraw it now and ask you to repay it. You could do with asking the manager who thinks that you're not entitled to take this extra pay to have a chat with the other two (if you have something in writing from them so you can just pass it across to this manager this would be very useful).



ACAS give assistance if you're able to give them a call. http://www.acas.org.uk/index.aspx?articleid=3282 You may also have legal assistance as part of your household contents insurance policy, so it's worth taking a look at that.

Helpneeded1980

Thanks...the HR manager who says I am not entitled to the payment is aware that our expenses department have said i am entitled to it.

Regardless of this he has requested I pay it back and no longer recieve the payment. He is a higher rank than the expenses manager.