AIBU to expect payroll to stick to agreements?

[ILiveInAPineappleCoveredInSnow]

I was overpaid in November, however it was maternity pay and as I had never received a breakdown of my pay I wasn't really sure if it was right or not.

I called payroll then to question it, and they said they'd look at it and let me know. Didn't hear a thing.

Until a week ago - I get a letter saying they've overpaid me by almost £1000. So I immediately made an arrangement with them to repay in installments. I have their agreement to this in writing.

Today is pay day, and I received my pay slip in the post to find they have in fact deducted the entire amount!

Does anyone know where I stand on this?

Is it unreasonable to expect them to stick to the agreement they made with me about repaying in installments? I can't afford to repay the whole amount from my maternity pay - at the moment, the mortgage won't be paid on Monday because of the deduction!

[flowery]

Seriously? I'm being quizzed on my qualifications now?

[CaptainTripps]

Shockingly poor customer service from your Payroll Dept.

And ignore the goady fuckers on here. It's so clear who they are and what their MO is.

[Chloerose75]

OP I am glad you seem to be getting it sorted and just wanted to say I agree you were perfectly clear with your explanation of why you weren't sure about the amount of pay! I think it is understandable that a promotion and mat leave at once and no clear breakdown of what you were supposed to be paid could lead to some confusion especially if they did not respond to clarify.

[ILiveInAPineappleCoveredInSnow]

Thanks all

[ILiveInAPineappleCoveredInSnow]

And yes it should be sorted on Monday once she sends the payment!

[Viviennemary]

Of course the company should have stuck to the agreement especially as it was put in writing. But they haven't. Not sure what the OP can practically do about this. Union rep first if personnel or payroll won't help.

[honestpointofview]

For once I do not 100% agree with Flowery (sorry Flowery!)

The starting point to recovery an overpayment of wages is the contract of employment. If there isn't a clause allowing it then the employer may rely on the common law remedy of restitution based on a mistake of law or fact. The employee can however rely on a "change of position" defence. In this case I am not sure what the courts would make of it. Ilive raised it but had not a response saying it was all ok, at least until a week ago. So it might be argued Ilive that you should not have spent it. Equally thought the delay from November to now will go against the company.

The biggest issue for the organisation, other than the risk of breaching the agreement giving rise to a constructive dismissal claim, is the lack of payslips. If this has happened again this month then technically the employee can ask the tribunal to reimburse the deduction. This is by virtue of section 12(4) of the Employment Rights Act 1996, which states that a tribunal may order an employer who has made "unnotified deductions" to pay the employee a sum "not exceeding the aggregate of the unnotified deductions so made".

[vrtra]

this happened to me when I was younger. I never looked at payslips and 8 months after I started work it transpired I had been overpaid to the tune of £600 or so due to having been paid the hourly wage for an over 18 instead of a lower under 18 wage. they never troubled themselves telling me, just took it out of my next pay meaning that when I went to the cashpoint at midnight on my 18th birthday, I had £1.83 instead of £600.

They blamed it on payroll and subbed me my wages out of petty cash then arranged a £50 deduction to cover it, fairly reasonable imo, leaving you with no money is not on.

[vrtra]

50 pounds monthly* sorry