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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Does she have to pay this?

67 replies

cantthinkofabetterusername · 20/03/2022 20:33

DD is 17, in September she started work for a well known clothes shop. She took time off due to MH and they effectively didn't keep her on as she'd only been there a few weeks.
She received her final wage in October which was a normal wage and stated she had sick pay on there.
Fast forward to this weekend they've sent her a letter saying she was paid in error and she owes them £600 which they want back in 2 weeks!
DD is currently waiting for her DBS to come back and awaiting a start date for a new job so has absolutely no means of paying it, neither do I.
OH says to ignore it, it's their mistake and it's been months but I don't want them to take her to court.
Does she have to pay it?

OP posts:
cantthinkofabetterusername · 21/03/2022 07:07

Thank you everyone we'll contact them today

OP posts:
foamflower · 21/03/2022 07:27

I was overpaid once on leaving a job and didn’t have to pay it back. However, I had called querying the amount once I received the payslip and had been reassured it was correct - it wasn’t a usual month because there was bonuses included for having worked overtime in the past etc but the payslip wasn’t clear. Months later they wrote to me saying that I’d been overpaid. I responded informing them that I’d called to check and that I no longer had the money and I was then told in writing that I didn’t have to pay it back. Different situation and it sounds like your DD will have to pay it back but just to show that it’s not always the case that you have to.

Okayokayokayokay · 21/03/2022 07:30

Ask to set up a payment plan £10 a week. Its their fault that they over paid your daughter. Not hers.

HollowTalk · 21/03/2022 07:45

@Orchidsonthetable

But op you said it was normal pay? Your company pays full wage for a month if you’ve only been there a month? That’s very generous and highly unusual.
I think any public sector job would do that, wouldn't it?
BluebellStreet · 21/03/2022 08:25

I think any public sector job would do that, wouldn't it?
Do you!
You think people can take a job and do it for a few weeks and then go off sick and be paid their full wage?

Gladioli23 · 21/03/2022 08:31

I absolutely think lots of jobs offer that re sick pay. In fact I specifically rejected a job that didn't offer paid sick leave for the first 6 months you were there.

I've had jobs with frankly dire employers who offered sick pay from day one. Obviously it depends on the industry etc and in some places not providing sick pay on day one or ever is standard but it's certainly not the case in all industries.

SolasAnla · 21/03/2022 08:38

@foamflower

I was overpaid once on leaving a job and didn’t have to pay it back. However, I had called querying the amount once I received the payslip and had been reassured it was correct - it wasn’t a usual month because there was bonuses included for having worked overtime in the past etc but the payslip wasn’t clear. Months later they wrote to me saying that I’d been overpaid. I responded informing them that I’d called to check and that I no longer had the money and I was then told in writing that I didn’t have to pay it back. Different situation and it sounds like your DD will have to pay it back but just to show that it’s not always the case that you have to.
The employee always has an obligation to pay the money back.

In your case your former employer decided that they were not going to recover the money.

If its a large chain the store manager won't (should not) have the authority to write off payroll errors as its a easy way to commit payroll fraud.

SolasAnla · 21/03/2022 08:51

[quote TheRealityCheque]@middleparking

Lol. It took less than 2 minutes. And practically guarantees you won't hear from that company again.[/quote]
Unilateral contracts are never enforceable in employment situations.

Payroll staff get paid to manage payroll including fixing errors so writing back is paid work time.
Employer made a mistake and paid out side the OPdc's contract.
If the employer had under paid the obligation is on the employer to stick to the contract, here its the employee who needs to stick to the contract.

(If) When the new job comes through a repayment of the money gets factored just like repaying an interest free loan.

HollowTalk · 21/03/2022 13:57

@BluebellStreet

I think any public sector job would do that, wouldn't it? Do you! You think people can take a job and do it for a few weeks and then go off sick and be paid their full wage?
Well, I worked in the public sector for thirty years, and yes, people did start work and then go off sick for a few days and get full pay.
MiddleParking · 21/03/2022 17:58

@BluebellStreet

I think any public sector job would do that, wouldn't it? Do you! You think people can take a job and do it for a few weeks and then go off sick and be paid their full wage?
They can and do.
OnTheBoardwalk · 21/03/2022 23:46

BluebellStreet Yep I"ve just got my first financial services permie job in a very long time

During probation period of 3 months unfortunately I was off sick for a month 1 month into the new role. Full pay for the time I was off.

Ok maybe my first role that wouldn’t be the case but would a 17 year old know this based on parents experience?

use257 · 22/03/2022 00:17

I would ignore it OP

Cheeserton · 22/03/2022 00:45

Doesn't matter what erroneous payslip says... Depends on whether she's entitled to that pay or not, contractually. As another poster said, they can sod off with 2 weeks, set up a much longer but reasonable schedule if the money is owed (2-3 mths?)

user1471457751 · 22/03/2022 01:16

@TheRealityCheque you can't just decide you will charge a third party for costs you unilaterally decide to incur. That's like if the OP decided to instruct a solicitor to review your suggested letter and on realising it is total crap, invoicing you for the solicitor costs.

OP please don't send anything so monumentally stupid. Your daughter isn't disputing she owes this money so she needs to set up a reasonable payment plan for it

fuzzyduck1 · 22/03/2022 12:34

I was overpaid once at a well known cleaning company. They took the money right out of my pay. Then took 6 months to pay overtime I had worked.

Another person got overpaid sick time and they clawed that back in 1 month leaving them with about £50 to survive the month

incognitoforthisone · 22/03/2022 14:29

One of my previous employers overpaid me for sickness absence once (I didn't notice at the time) and I did have to pay it back. I was still working there, and they said they would simply deduct it from my next payslip - but that would have left me unable to pay my bills, so I negotiated with them to split it over three or four months given that it was their error. I suspect your daughter's employer would much rather she paid them back in instalments than have to take her to court.

incognitoforthisone · 22/03/2022 14:35

I think any public sector job would do that, wouldn't it?

Not any public sector job, no. I don't think anywhere I've worked in the public sector would pay you a full month's sick pay unless you'd worked there at least six months.

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