16 Year old Overpaid and left company

jonnygee2

Nonsense. They are quite reasonably expecting an overpayment to be refunded.

I don't think it's nonsense. 'Bullying' is a strong word obviously loaded with meaning in the context of employment. But, it's fair to say they are using bullying tactics by threatening to treat it as theft and demanding it paid immediately.

Shrooms is right that this is a bluff, and this is not a criminal matter. While keeping an accidental transfer can be theft, that's only if it's very clear the money isn't yours when you receive it. In this case, it's not theft and as shrooms says a civil matter. And as the son is an unemployed 16 year old it strikes me as clearly reasonable (and in everyone's interests) to set up a repayment plan.

I think if I were him, I'd offer to do one day a week or so until the debt is paid off. If they don't want him there after all of this, then another job and £50 / month or so seems like a decent offer. Summer is coming up, I'm sure he can find part time work and do some extra hours.

If they completely refuse to negotiate, then I'd

1) Ignore them for a bit, see if they calm down
2) If they actually start court proceedings I would just pay the £300 and then make the child repay it to me later

Halfie

Hi all

Thanks for the replies and suggestions. Just to make it 100% clear, he lives with his other parent and this only came to my attention when the proverbial hit the fan. He is VERY aware that he has to pay this back and that walking out was childish, irresponsible and cutting off his nose to spite his face.

They are alleging they over paid him for April and May (he was working quite a few hours over holidays and when not at school for exams) so it’s not completely unfathomable that he didn’t see this amount. There was even overtime numbers on one of his wage slips.

He has asked his employer for the dates and times he worked and the employer has been very sheepish and come back and said that he’s suddenly realised he might have broken a number of laws by employing my son... so I think we won’t be hearing more from them about the overpayment. As he is still classed as a CHILD worker, there are limits to times, days and periods of work which were not adhered to and apparently the employer had only just realised this when we asked for a breakdown of hours. Funny that.

Before anyone says it, no this isn’t a great thing as I don’t want my son to think he can shirk responsibilities and obligations. And believe me he has been very firmly spoken to about being an adult and what would happen in future should the same issue arise.

warby68

I suppose it could fundamentally be the same error, paying him as an adult and employing him as one.

At least he might learn that asking the right questions rather than stropping off can be very useful and its better to be able to draw a line under something than have it hanging over you.

LittleAnn

Have you got a copy of your son's contract? All employees should recieve a copy within a reasonable period of starting work.
This should set out hours, pay, holiday entitlement etc
He should receive a clear payslip showing deductions like tax and national insurance.
Was he asked for his NI number. Employer needs this to correctly deduct tax.
If this was a bonefide contract HMRC will have recieved payments.
Do you as a parent trust this employer or was it a 'dodgy' job.
If bonefide the employer should be happy to negotiate and take a hit on amount since he was in error.
If you think employer was not legit then don't pay. I doubt very much if employer would be stupid enough to go to court having broken employment law.

General_Grant

LittleAnn wrote: »

Have you got a copy of your son's contract? All employees should recieve a copy within a reasonable period of starting work.
This should set out hours, pay, holiday entitlement etc
He should receive a clear payslip showing deductions like tax and national insurance.
Was he asked for his NI number. Employer needs this to correctly deduct tax.
If this was a bonefide contract HMRC will have recieved payments.
Do you as a parent trust this employer or was it a 'dodgy' job.
If bonefide the employer should be happy to negotiate and take a hit on amount since he was in error.
If you think employer was not legit then don't pay. I doubt very much if employer would be stupid enough to go to court having broken employment law.

The legal entitlement is to written particulars of their employment to be supplied within two months of the start of employment.

Takeaway_Addict

General_Grant wrote: »

The legal entitlement is to written particulars of their employment to be supplied within two months of the start of employment.

And unless its changed you can't do anything about it unless you're taking the employer to a tribunal for something else anyway

duchy

He may have also realised it isn't theft (did they actually state in writing they would treat it as theft ? ) and their only recourse would be small claims and 1 You can't sue a minor and 2 child employment laws were broken and I guess three if the theft threat was made in writing it may actually be harassment.
Sounds like the employer as well as your son jumped the gun . Two wrongs don't make a right but is there any chance of a clean slate ,employer wipes the overpayment and son returns at the correct pay rate ?

Halfie wrote: »

Hi all

Thanks for the replies and suggestions. Just to make it 100% clear, he lives with his other parent and this only came to my attention when the proverbial hit the fan. He is VERY aware that he has to pay this back and that walking out was childish, irresponsible and cutting off his nose to spite his face.

They are alleging they over paid him for April and May (he was working quite a few hours over holidays and when not at school for exams) so it’s not completely unfathomable that he didn’t see this amount. There was even overtime numbers on one of his wage slips.

He has asked his employer for the dates and times he worked and the employer has been very sheepish and come back and said that he’s suddenly realised he might have broken a number of laws by employing my son... so I think we won’t be hearing more from them about the overpayment. As he is still classed as a CHILD worker, there are limits to times, days and periods of work which were not adhered to and apparently the employer had only just realised this when we asked for a breakdown of hours. Funny that.

Before anyone says it, no this isn’t a great thing as I don’t want my son to think he can shirk responsibilities and obligations. And believe me he has been very firmly spoken to about being an adult and what would happen in future should the same issue arise.