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

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. ???

Undervalued

Helpneeded1980 wrote: »

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

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. ???

999 times out of 1000 the answer to this type of question is that the employer is entitled to the money back and has up to six years (five in Scotland) to enforce repayment.

The incredibly rare exception can be when the recipient had genuine reason to believe they were entitled to the money, particularly if they had questioned it but employer assured them it was correct.

The most famous test case involved an employee of Barclays (I think) Bank.

How much is involved here and do you have any access to legal advice (Union or insurance)?

That said, don't get you hopes up too high, as I say it is rare.

Helpneeded1980

Sounds ominous

Just seems completely unfair when:

The policy is unclear
They cant agree themselves
They agreed the payment

Undervalued

Helpneeded1980 wrote: »

Sounds ominous

Just seems completely unfair when:

The policy is unclear
They cant agree themselves
They agreed the payment

Legally you have entered into a contract with your employer. It is as much your responsibility as their's to ensure that it is fulfilled correctly and that includes ensuring that you receive the correct amount of pay.

If, despite you doing all that could reasonably be expected, you had genuine reason to believe you were receiving the correct money then you may have a case. As I say you would need proper professional advice. Otherwise sadly they are entitled to the money back and would have no trouble enforcing this through the courts if need be.

robatwork

Just what documentation do you have from 3 years ago when this payment commenced?

CakeCrusader

https://forums.moneysavingexpert.com/discussion/5915154/overpayment-by-employer It's not helpful if you start new threads about the same thing when others have taken the time to help you previously!!