Employer trying to claim back overpayments

I used to work the morning shift at work which was supposed to be from 6am but my boss told to come in about 6.20 to make sure he was here in time but still claim from 6am, then i went on maternity leave when i came back my hours had been changed to 7am start but i was still claiming from 6am after 6 months i was told by my employer i was overpaid by that hour and they were claiming it back but the amount of hours they're claiming is more than i thought it should be going off what the rota is telling them, even though sometimes my boss would ring at the last minute and ask me to genuinely come in at 6am and the rota wouldn't be changed to reflect this, also the hours they're trying to claim would have been paid at different rates but they've added all the hours up and are claiming them all back at the higher rate i want to know where i stand can they do this and what do i need to do? this was first mentioned in october but has been put on hold until i finish paying of a loan.

Comments

  • I would have thought you are only entitled to be paid for the hours you have worked. If you were claiming for an extra hour's pay every day for 6 months then the company is quite right to claim this back and you are lucky this is all they are doing if you were effectively committing fraud. Sorry if I got the wrong end of the stick here and have misunderstood your post.

    If they are claiming back money for hours you have worked and you can prove you were working then this is not justified. You need to provide them with a break down of what hours you have been overpaid for and at what rate, and what hours you did work and they should not be claiming back.

    :D
    "We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic about” – Albert Einstein
  • JohalaReewi
    JohalaReewi Posts: 2,614 Forumite
    Tricky one, sounds like the change of hours from 6am to 7am could have been a contractual change. How were you notifed? The employer is allowed to reclaim overpayments of pay made in error (but you can agree a payment schedule that doesn't leave you in financial difficulty). You need proper advice. Try the Citizens Advice Bureau or if you are a trade union member, your union should be able to help. As last resort, you may have legal assistance as part of your house insurance which might cover you.
  • Thanks for the replys guys, i don't object to paying the money back if i wasn't meant to have it but what my employer is suggesting is pay back the hours all at the same rate when some of them were at a lower rate anotherthing that bothers me is i have already paid tax on these hours and my boss is wanting to claim them back off my take home pay iyswim.

    with regards to a contractual change of hours the person that was filling in for me when i was on mat leave couldn't get there til 7am and thats why the shift was reduced to a 7am start cause they realised an extra person wasn't needed. btw i don't have a written contract.
  • Mikeyorks
    Mikeyorks Posts: 10,369
    First Anniversary Combo Breaker
    Forumite
    anotherthing that bothers me is i have already paid tax on these hours and my boss is wanting to claim them back off my take home pay iyswim.
    .

    Fully understand that .. but your employer will find it difficult to work out a 'net' deduction? So they deduct the original gross hourly rate you were overpaid .... from your current gross pay .... that way you 'recover' the tax / NI deductions from the overpayment.
    If you want to test the depth of the water .........don't use both feet !
  • Mikeyorks wrote: »
    Fully understand that .. but your employer will find it difficult to work out a 'net' deduction? So they deduct the original gross hourly rate you were overpaid .... from your current gross pay .... that way you 'recover' the tax / NI deductions from the overpayment.

    Ahh, say i work 40 hours in a week but i only claim 38 hours and that not knocks 2 hours off the money owing??
  • Mikeyorks
    Mikeyorks Posts: 10,369
    First Anniversary Combo Breaker
    Forumite
    That's about right ... but the hours you give back should be at the hourly rate when you were paid them? As I assume your hourly rate has probably increased since?
    If you want to test the depth of the water .........don't use both feet !
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