Looks like HR/payroll made a mistake with my pay/maternity pay ...

[nymphadora]

Just had an email from my boss saying HR/payroll think they have been overpaying me.

I have a permanent contract & did some o/t on monthly contracts for a few months. Every month it had to be renewed and I had a new contract for the o/t hours( so I'd have 2 contracts). This finished last spring and off hand I can't remember when but approx march when I was first pg. Over spring/summer payroll/HR managed to pay me^ incorrectly regularly regarding my pay grade increase, my promotion & sick pay so all my payslips have deductions/add ons and none being straight forward.

During this time myself/ union hada lot of conversations with both departments on the phone & by email and eventually it was put right by the time I went on mat leave. I also received a schedule of payments for my maternity pay.

Fast forward to today when someone queried with my manager how many hours im working & they think they've overpaid me( paying both sets of hours together until now -somehow mixed into my mat pay)

I am pretty sure originally both sets of pay were separate on my payslip but can't check as they are boxed up in the loft & can't climb the ladder due to my SPD. I have payslips from April onwards & rough calculations do make it look like I've been over paid.

So do I have any rights over this considering they should have stopped when the contract did, noticed in the many discussions over my pay/mat pay? Or will they just say I should have noticed? Do I have to pay back straight away or longer? I'm the only wage earner at the moment & can't afford to lose much!

TIA :)

If they have over paid you then you should repay ... They can deduct. But he would have to prove over payment and you could ask for them to do it in instalments.

I've had to pay mine back, in installments thankfully! Maybe you can try that?

You don't have much in terms of rights. If they've overpaid you you need to repay it. Technically they could take it all out at once, but they should agree to instalments if you ask for that. Make sure they set out properly exactly what you have been paid and exactly what you should have been paid so you are clear about what's happened, and ask for a payment arrangement.

Thanks, they'd have a job to take it all at once as im on stat mat pay but don't trust them not to try. Just v after spending weeks sorting out their mistakes over promotion/sick pay/pay rise/mat pay they didn't notice they were paying a contract that ended months before. I would have noticed if I'd being having normal payslips but each one had loads of ins/outs & all coded so I wasn't sure what was going on ( on top of being v ill).

I'm sick of all the stress work has caused me^ whilst I've been off. Pay problems/Redundancy threats/reorganisation/ no idea what's happening with my job & now pay problems again. I'm on the v edge with my PND & am v worried about it.

Well you might be able to argue it but you need to meet some criteria. I forget them all off the top of my head and will pop back later to clarify but just roughly, if

a) it's your employer's error
b) you could not reasonably be expected to know an error has been made
c) you spent it in good faith

Then there is strong arguement for not making you pay it back. In court cases where this has been tested employers lost.

Its more the principle that we had the discussions so they should have noticed. My maternity calculations were based on those amounts too so they were always going to be wrong.

I am also v annoyed it's took them a year to realise that another contract wasn't issued.

I'm frustrated as I can't get to my file of payslips from last year & my contracts as they went in the loft in April & dh can't find it. I can't get up there due to my SPD.

I know I'm getting over stressed over this too but it's pretty much the final straw anxiety wise but finding it difficult to switch off from it!

Sorry but I disagree that there is ever any argument to jot have to pay back what is owed. It's their mistake, they have noticed it, you should pay it back.

But I do sympathise with your predicament and they should not have made so many errors

I know I have to but at least they can't all in one go

I also dont think they can make any deductions fromSMP soif you are still on this it wouldnt happen until you went back...

Thanks.

Not my arguement folks but legal arguement

OP I've dug out the case law. It's from the case of Avon County Council vs Howlett (1983) which has formed the basis of common law since.

To summarise you are expected to repay any over repayments unless all three of the following conditions are satisfied:

1. The overpayment was not the fault of the employee

1. The employer led the employee to believe they were entitled to the money that was overpaid

1. The employee genuinely believed they were entitled to the money and spent it.

Obviously you'd have to argue the case with them and threaten to go to court/tribunal but I would say you have a good chance especially if you repeatedly asked them to clarify and they said it was fine... and assuming you haven't put the money in a savings account. Incidentally it's the same case (I think) that forms the basis for banks writing off money paid out in error where the same criteria is met.

HTH

over repayments?? overpayments

Thanks, I'm going to point out to them it's their fault but I need more info as there's a lot I can't remember dates for. I expect to pay it back but I'll drag it out over months not in one go