Overpaid maternity leave - must I repay?!

mumofoneupnorth25

I’ve been overpaid a few thousand on maternity leave. No, I didn’t notice. First maternity leave, asked employer for a breakdown of what to expect, never received it, busy with newborn. Anyway. Employer has admitted fault. I’ve researched and from what I can see, legally I’ll have to pay it back. Just wondering if anyone has any experience of this? Wondering if I could negotiate with them to just pay some of it back, any advice? Thanks 

Penguin_

You can ask them if you can pay it back over a period of time.

Ayr_Rage

You are obliged to pay it back in full.

Your best bet is to ask to repay over the same period as you were overpaid.

Undervalued

mumofoneupnorth25 said:

I’ve been overpaid a few thousand on maternity leave. No, I didn’t notice. First maternity leave, asked employer for a breakdown of what to expect, never received it, busy with newborn. Anyway. Employer has admitted fault. I’ve researched and from what I can see, legally I’ll have to pay it back. Just wondering if anyone has any experience of this? Wondering if I could negotiate with them to just pay some of it back, any advice? Thanks 

If they had underpaid you by "several thousand" would you be happy to write some of it off?

I suspect you really already know the answer to this question.

Yes, they may well agree to "easy instalments" but no, they don't have to and could demand it all at once.

mumofoneupnorth25

Undervalued said:

mumofoneupnorth25 said:

I’ve been overpaid a few thousand on maternity leave. No, I didn’t notice. First maternity leave, asked employer for a breakdown of what to expect, never received it, busy with newborn. Anyway. Employer has admitted fault. I’ve researched and from what I can see, legally I’ll have to pay it back. Just wondering if anyone has any experience of this? Wondering if I could negotiate with them to just pay some of it back, any advice? Thanks 

If they had underpaid you by "several thousand" would you be happy to write some of it off?

I suspect you really already know the answer to this question.

Yes, they may well agree to "easy instalments" but no, they don't have to and could demand it all at once.

Depends on whether it was my fault or not. 

Penguin_

mumofoneupnorth25 said:

Undervalued said:

mumofoneupnorth25 said:

I’ve been overpaid a few thousand on maternity leave. No, I didn’t notice. First maternity leave, asked employer for a breakdown of what to expect, never received it, busy with newborn. Anyway. Employer has admitted fault. I’ve researched and from what I can see, legally I’ll have to pay it back. Just wondering if anyone has any experience of this? Wondering if I could negotiate with them to just pay some of it back, any advice? Thanks 

If they had underpaid you by "several thousand" would you be happy to write some of it off?

I suspect you really already know the answer to this question.

Yes, they may well agree to "easy instalments" but no, they don't have to and could demand it all at once.

Depends on whether it was my fault or not. 

You will have to repay it. They don't have to negotiate with you, best thing you can do is get in touch with them & offer to re-pay the overpayment over how ever many months you can & see what they say from there.

TELLIT01

Yes you will have to pay it all back.  If, as stated, the employer was asked details of what to expect and nothing was provided, it will strengthen the OPs position in requesting an extended period to pay it back.  The caveat on that is if it should have been obvious they were getting too much.  For example if they were receiving more than when they were working.

saajan_12

mumofoneupnorth25 said:

Undervalued said:

mumofoneupnorth25 said:

I’ve been overpaid a few thousand on maternity leave. No, I didn’t notice. First maternity leave, asked employer for a breakdown of what to expect, never received it, busy with newborn. Anyway. Employer has admitted fault. I’ve researched and from what I can see, legally I’ll have to pay it back. Just wondering if anyone has any experience of this? Wondering if I could negotiate with them to just pay some of it back, any advice? Thanks 

If they had underpaid you by "several thousand" would you be happy to write some of it off?

I suspect you really already know the answer to this question.

Yes, they may well agree to "easy instalments" but no, they don't have to and could demand it all at once.

Depends on whether it was my fault or not. 

even it it was, fault doesn't mean you lose all the money in contention. If you drop a £10 note, entirely your fault, it doesn't mean someone can swoop in and keep it just because they held it temporarily. They'd have to return it to you, less perhaps their costs incurred in the process, which is precisely £0.00. 

Marcon

mumofoneupnorth25 said:

Undervalued said:

mumofoneupnorth25 said:

I’ve been overpaid a few thousand on maternity leave. No, I didn’t notice. First maternity leave, asked employer for a breakdown of what to expect, never received it, busy with newborn. Anyway. Employer has admitted fault. I’ve researched and from what I can see, legally I’ll have to pay it back. Just wondering if anyone has any experience of this? Wondering if I could negotiate with them to just pay some of it back, any advice? Thanks 

If they had underpaid you by "several thousand" would you be happy to write some of it off?

I suspect you really already know the answer to this question.

Yes, they may well agree to "easy instalments" but no, they don't have to and could demand it all at once.

Depends on whether it was my fault or not. 

Somehow I doubt that...but despite all the naysayers, there's absolutely nothing to stop you trying to negotiate to pay some rather than all of it back. Remember that you start from a position of weakness, so your best bet is a charm offensive, not drum-banging that it's all their fault etc etc.

Send them a carefully considered email so you can think out in advance what you want to say, and don't run the risk of getting sidetracked by the new arrival crying at just the wrong moment during a phone call. Make the point that you didn't know what to expect in terms of pay and in the absence of the breakdown you requested on [date], took it for granted that your employer would have everything correct. Make a wry comment that you are finding motherhood even more expensive than the books had led you to believe, and although you realise the employer is entitled to seek full reimbursement, is there any chance they might be willing to consider accepting a little less than their due/repayment over a period of [xxx] months? Stress how grateful you'd be (no need to be servile, though!) and how much it would help you.

LightFlare

I would check if the employer has a policy relating to under/over payment of wages etc.

I was quite surprised recently to find that mine does

Undervalued

Marcon said:

mumofoneupnorth25 said:

Undervalued said:

mumofoneupnorth25 said:

I’ve been overpaid a few thousand on maternity leave. No, I didn’t notice. First maternity leave, asked employer for a breakdown of what to expect, never received it, busy with newborn. Anyway. Employer has admitted fault. I’ve researched and from what I can see, legally I’ll have to pay it back. Just wondering if anyone has any experience of this? Wondering if I could negotiate with them to just pay some of it back, any advice? Thanks 

If they had underpaid you by "several thousand" would you be happy to write some of it off?

I suspect you really already know the answer to this question.

Yes, they may well agree to "easy instalments" but no, they don't have to and could demand it all at once.

Depends on whether it was my fault or not. 

Somehow I doubt that...but despite all the naysayers, there's absolutely nothing to stop you trying to negotiate to pay some rather than all of it back. Remember that you start from a position of weakness, so your best bet is a charm offensive, not drum-banging that it's all their fault etc etc.

Send them a carefully considered email so you can think out in advance what you want to say, and don't run the risk of getting sidetracked by the new arrival crying at just the wrong moment during a phone call. Make the point that you didn't know what to expect in terms of pay and in the absence of the breakdown you requested on [date], took it for granted that your employer would have everything correct. Make a wry comment that you are finding motherhood even more expensive than the books had led you to believe, and although you realise the employer is entitled to seek full reimbursement, is there any chance they might be willing to consider accepting a little less than their due/repayment over a period of [xxx] months? Stress how grateful you'd be (no need to be servile, though!) and how much it would help you.

There is nothing to stop anybody from trying to negotiate in pretty much any circumstances.

However in this situation I would seriously consider what impression it would make on the OP's employer.