Overpaid from work

juno

tigtag02 wrote: »

The OP has already amited that s/he knows s/he has been overpaid ~ we are not here to advise on how to get out of paying debts but on how best to deal with them

Except Pulse said "But I thought I worked a month in hand, so didn't even realise I'd been overpaid". So if she didn't realise she doesn't have to pay it back. She doesn't even have any proof she was overpaid yet, except for one letter saying so.

There's a load of posts on this board about CCA requests and statute barred debts, do you disagree with those too?

Jock_McSkint

Hi, It appears that I have been overpaid by £25 per week for the last 5 years, I queried it at the time with the admin office and was told if it was wrong they would get back to me, they didn't get back to me! . I was told last week that there is a problem with my pay and I have to meet with a Manager on Thursday. If as I expect I have to pay it back would I be able to over the period that it was paid to me i.e 5 years? A friend of mine has said that I could be sacked, is this a possibility?

Any advice much appreciated.

Thanks, Jock

jobbingmusician

Jock_McSkint wrote: »

Hi, It appears that I have been overpaid by £25 per week for the last 5 years, I queried it at the time with the admin office and was told if it was wrong they would get back to me, they didn't get back to me! . I was told last week that there is a problem with my pay and I have to meet with a Manager on Thursday. If as I expect I have to pay it back would I be able to over the period that it was paid to me i.e 5 years? A friend of mine has said that I could be sacked, is this a possibility?

Any advice much appreciated.

Thanks, Jock

I really don't think they would be able to sack you - they would have no grounds (unless you have a VERY peculiar contract of employment)!!! You tried to draw it to their attention and they didn't do anything. Sounds like a nice problem for the CAB, to me - I don't think they are entitled to any of it back. They are probably entitled to reduce your salary from now onwards, but even this is doubtful as after this period of time it MIGHT be considered a change to your Terms & Conditions.

dotstar24

Hi

Jan last year my partners employers over paid him by £900 at xmas. we thought it was a bonus. they then decided to take £300 a week of his wages. they didnt write to us, or ring us. we had to get his union involved but by then they'd taken £600 over two weeks.
the union guy said they not allowed to take the money back in big chunks if it's gonna casue financial hardship ( which it did....we had to get a loan from welcome finance to tide us over).

Jock_McSkint

jobbingmusician wrote: »

I really don't think they would be able to sack you - they would have no grounds (unless you have a VERY peculiar contract of employment)!!! You tried to draw it to their attention and they didn't do anything. Sounds like a nice problem for the CAB, to me - I don't think they are entitled to any of it back. They are probably entitled to reduce your salary from now onwards, but even this is doubtful as after this period of time it MIGHT be considered a change to your Terms & Conditions.

Thanks for reply, made me feel a bit better as it is my job I'm most concerned about. I'm not sure if they could argue that as I raised the question of the payment once with Admin and didn't get a reply that I should have raised it again, therefore I should repay it.
Sorry if I'm hijacking someone's thread, I'm having a bit of a panic.

jobbingmusician

Jock_McSkint wrote: »

Thanks for reply, made me feel a bit better as it is my job I'm most concerned about. I'm not sure if they could argue that as I raised the question of the payment once with Admin and didn't get a reply that I should have raised it again, therefore I should repay it.
Sorry if I'm hijacking someone's thread, I'm having a bit of a panic.

They cannot sack you unless you have performed gross misconduct. Accepting overpayments due to their incompetence is unlikely to be deemed misconduct by any tribunal in the land!!! - even if you HADN'T tried to bring it to their attention. Your contract, or the firm's disciplinary policy, would have to specifically say that accepting overpayments was deemed misconduct in order for them to be able to sack you. (If it was mentioned in the disciplinary policy, there would be an additional requirement for the employer to have brought this to your attention!)

If they start talking about sacking you at your meeting with them, ask how your behaviour is thought to constitute gross misconduct. (I really don't think that they will even mention the possibility of the sack, unless they are a totally and absolutely
hopeless organisation with no idea how to run their human resources department!) If they did sack you, you should rejoice as any Employment Tribunal would have a field day and you would be likely to end up with a nice little nest egg. Set your mind at rest and sleep well!!!!

Mrs_Sparkle

Jock_McSkint wrote: »

Thanks for reply, made me feel a bit better as it is my job I'm most concerned about. I'm not sure if they could argue that as I raised the question of the payment once with Admin and didn't get a reply that I should have raised it again, therefore I should repay it.
Sorry if I'm hijacking someone's thread, I'm having a bit of a panic.

They can't sack you for this. They can ask for the money back (it is legally theirs) but you should be treated sympathetically due to the fact you tried to bring it to their attention.

davek1

take a work place colleague or union rep with you to the meeting

Pulse

tigtag02 wrote: »

The repayments should be NET

Who would be able to help me work out how much it should be? There seem to be far too many calculations to be able to work it out.

One thing I do know, is that they owe me £150 off of that total, for petrol (I used to put in an amount each month to cover personal petrol, and anything I didn't use they pay me back the following month)... They seem to have worked out how much I owe them including the £150 they've paid me back for my petrol. Useless.

davek1

Hi Pulse

if you PM me with all the deatails etc i will have a look for you. I am a manager and deal with Hr stuff a lot, I cant promise a positive outcome but am happy to help.

Drop me a message.

dave