advice on Previous employer made pay mistakes

[zoej]

My previous employer whom I left nearly 3 years ago has been in touch and it looks like they made a mistake on my pay (via PAYE) and want me to repay them £171. I apparently paid too little NI contributions over 4 financial years, but the NI office have me down as having paid all I need to ( A class ).

In summary my old employer paid my correct NI contributions to NI Office, but didn't take enough from me. They didn't notice a problem at the time and neither did I, they now after 6 years since starting working for them and 3 since finishing working for them they want me to repay the difference. Can they do this if the mistake is theirs? I don't exactly have a spare £171!!!

any advice is greatly welcome.

no - it's their responsibility to pay it and if they don't collect enough from you the liability is theirs

Is it a really small company - this seems amazingly petty!

no its the MOD ! just a small government department that employees a few civil servants!!!

Normally you would be required to repay the amount but seeing as you left (and so long ago). Quote the following section 37 from the Wages Act (1994 - as amended)

Section 37. Reclamation of amounts erroneously paid to employee

(1) If, due to a calculation error, an employer pays an employee more wages or compensation than prescribed, the employer has the right to deduct such amounts within three months from the date of payment or transfer to the employee?s bank account, unless the employee disputes the basis or amount of the deduction.

Think they are slightly out of time!

they are now claiming I have to fill in forms and apply for hardship - daft as I am no long in employment and their rules are not effective???

They ignored all of my statements in the last letter!

arghh

without seeing your letter and their reply its hard to advise but I think you should write back saying 'i believe you have no right to claim back this money that I allegedly owe you. You have yet to provide me with any evidence the the incorrect calculations so please refrain from contacting me again regarding this matter!'

Have you asked ACAS or CAB