Work trying to claim back overpayment

klowe40

I have received an email from my last job, when I left last May. Quoting an over payment which in my calculations is incorrect it’s over a months salary. I asked for a break down this has taken them a year to come back to me and I received this today. They have not supplied any payslips as proof and are also claiming they never received my resignation till June. 

I have asked them for proof via payslips, my resignation letter and emails that are relevant. 

My question is how long can a work place try and claim over repayment for?

[Deleted User]

6 years, in general terms. Indefinitely, if they get a CCJ.

GeordieGeorge

Do you accept that you’ve been overpaid, and disagree about the amount, or do you think that there was no overpayment at all?

Undervalued

You can certainly ask for reasonable proof and you can if you wish make a Subject Access Request under the GDPR for all information they hold about you. However if you were overpaid, regardless of who's faulty it was, they are entitled to the money back. 

They have six years (five in Scotland).

TELLIT01

How did you hand in your notice and when?  Letter, e-mail ?  If e-mail did you receive any confirmation that it had been received, and do you have a copy of that e-mail?

As others have been said, they can reclaim and genuine overpayment.

Manxman_in_exile

klowe40 said:

... Quoting an over payment which in my calculations is incorrect it’s over a months salary. ...

Just because "it's over a month's salary" doesn't mean it's not correct - it depends why you've been (allegedly) overpaid.

If you do accept that you've been overpaid (you claim you've done your own calculations and you seem to be querying only the amount, not whether you've actually been overpaid or not) then ask them again for a detailed breakdown of the amount.  I don't think it's necessary for them to provide copy payslips (did you ask for these?) but they should be able to provide a reconciliation that you can tie back to the payslips I presume you will have kept.  It ought to be simple enough for you and your employer to agree what the overpayment amount - if any -  is.

How did you submit your resignation?  Even if you did everything correctly but for some reason your employer could not action the resignation (eg it got lost in the post or the manager you handed it to is an idiot) it doesn't necessarily mean that you don't owe them money that they should never have paid you.

As others have said, they have six years in which to sue you for the money (five in Scotland).

Gavin83

klowe40 said:

I have received an email from my last job, when I left last May. Quoting an over payment which in my calculations is incorrect it’s over a months salary. I asked for a break down this has taken them a year to come back to me and I received this today. They have not supplied any payslips as proof and are also claiming they never received my resignation till June. 

I have asked them for proof via payslips, my resignation letter and emails that are relevant. 

My question is how long can a work place try and claim over repayment for?

What did the breakdown include?

I'll ask the same question as some of the others. You appear to have done your own calculations, do you recognise there has been an overpayment? If so what's the difference between what they're requesting and what you've calculated?

klowe40

Thank you all. It’s their calculations that they have sent across it doesn’t tally up. 

All payslips were accessed on a portal that I no longer have access too. So I don’t have my payslips no. I have bank statements and I have asked them to send across how they get to these figures with proof against my payslips. 

I have no problem repaying at all but I’d like more detailed explanation as currently they sent an email with figures that have no correlation to anything. 

Honestly I’ve removed all emails from when I resigned. Hence asking them to forward these back to me. I did a letter resignation that then was scanned in and emailed as this occurred during lockdown in covid. 

TELLIT01

klowe40 said:

Thank you all. It’s their calculations that they have sent across it doesn’t tally up. 

All payslips were accessed on a portal that I no longer have access too. So I don’t have my payslips no. I have bank statements and I have asked them to send across how they get to these figures with proof against my payslips. 

I have no problem repaying at all but I’d like more detailed explanation as currently they sent an email with figures that have no correlation to anything. 

Honestly I’ve removed all emails from when I resigned. Hence asking them to forward these back to me. I did a letter resignation that then was scanned in and emailed as this occurred during lockdown in covid. 

When did you send it in and did you receive any acknowledgement.

Marcon

klowe40 said:

They have not supplied any payslips as proof and are also claiming they never received my resignation till June. 

Red herring; not worth fussing about.

Payment should be up until the time you left, with any outstanding holiday pay added on, minus any 'debts' you owe e.g. season ticket loan or similar.