Can employers dock my wages retrospectively?

[MerryMarigold]

My employer has realised they have overpaid me for several months, due to calculating my pay over 52 weeks rather than 38 weeks. Actually there was some overtime and holiday which wasn't paid which reduced the overpayment significantly. However, they've now come back to me again and said that they have overpaid me because they've been posting my 20 minute break. They've gone back to September and calculated the total I've been overpaid in breaks (ironically, I've never had a break, I just do the admin relatedd to my job and often come back after 15 mins as I assumed it was paid break), removing that also from my next wages. Are they allowed to do this?

I'm not an expert but yes I think they can retrospectively correct over payments. I believe there is a limit on what they can take out in a single go so depending on the size of the correction I would expect them to be taking a small amount over several months as oppose to removing it all from one wage.

At least that's how it works where I am I don't know if that is the same everywhere.

What does your contract say about breaks? Presumably you assumed it was paid for a reason?

Yes overpayments can be recovered.

Yes they can, it now you at least get a longer break!

I'll check the contract. Most people have lunch break for an hour, which probably specifies unpaid in their contract but because I only work 5hrs I get 20 mins. I actually wasn't expecting any break on my shift and didn't take any for at least a month till they realised and insisted I take a break. I think because of the manner in which it happened, I assumed it was paid. I got about half my wages last month and I think it'll be the same this month with the added calculation of of the overpaid breaks. I'm quite upset nectar I put in a lot of extra hours at home, after work and working through my break, but those hours are not even considered! I know I need to stop that but then I'll be shouted at for not completing the considerable amounts of paperwork I have. Bottom line is I need to go.

Of course it's totally normal for an Employer to make adjustments if previous mistakes have been made.

Rest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.

The break doesn’t have to be paid - it depends on their employment contract.

That's from gov website - so they shouldn't be forcing you to take an unpaid break if you're only working 5 hours.

In terms of paying back the overpsyment, yes they can do this. But if it leaves you in difficulty psying back in one go or over their proposed timescales, you can ask for nore installments.

So when they added in the break did you then need to work later or are they now paying you for less than 5 hours? Is there anything about breaks in your contract?

They are now paying me less than 5 hours. The contract is a mess. The HR person is not experienced. I may ask for 5 hours no break.

I always work at least 20 mins late, but this does not count as it's not contracted .

I thought that after a certain amount of time has passed they can’t claim overpaid money back.

Really puts you off going above and beyond. Oh, and I'm on minimum wage. I do the job for love not money, but it's not nice to be treated this way.

They sound like a bunch of muppets tbh.

Yes. You have no legal right to that money and this is their way of remedying that. What do you expect them to do-let you keep free money?

Check your contract for the hours you should be working. My break isn't paid but I'm there for 7.5 hours and paid for 7. If they didn't change your working hours to fit in the breaks they made you take, you might be able to argue they're breaking the contract.

Right. My contract says "your hours are based on a 15 hour per week contract."

It says nothing au all about breaks.

(It also says they do not pay you for your time attending training and if you leave within 2 years of the training you need to pay it back.)

So, if they're removing breaks it's not 15 hours anymore and the implication is the break was paid for, although not explicitly said.

Boggles, they're getting way more 'free money' out of me. I probably do about 4 hours unpaid extra work per work so that I'm doing a really good job. But they just said bye bye to that.

But OP this is crazy
They're getting way more 'free money' out of me. I probably do about 4 hours unpaid extra work per work so that I'm doing a really good job. But they just said bye bye to that.

Are you honestly saying you have a 15 hours a week contract and you do 4 hours extra unpaid? So nearly 25% more?

That's not a diligent employee, that's just daft.

They sound disorganised, but yes, if they can demonstrate an overpayment, they can take it back

IYes. You have no legal right to that money and this is their way of remedying that. What do you expect them to do-let you keep free money?*

For fucks sake she only asked a question!

As others have said yes they can recover a genuine overpayment. They sound bloody shitty from an employee relations point of view though given it’s been their mistake and that you do work extra. Some employers would write off the error until now and then just pay the correct amount from now on. Stop doing the extra work immediately and look for something else somewhere that will treat you better.

I believe there is a limit on what they can take out in a single go

That’s only a requirement in retail. It would still be good practice to allow a repayment plan given it was the employer’s mistake.

I was over paid around £1000 one month. They gave me a few months to pay it back as it spent it.

Thanks all. I don't think I'm going to ask for the money back even though I am contracted for 15 hours.

I know the 4 hours extra is silly, but actually because I because I work so few hours, during the very busiest times, I get much less time than full time people to do all the paperwork that is expected. The expectation is honestly ridiculous and I've been too keen to learn and please. But this is the last straw really in a pile of stuff.

I'm really gutted, because I feel like I've given my all and tried so hard. I'm lacking in confidence after being a sahm for ages, and this was ideal hours for my children and I love the basic job. But the actual employers and their expectations/ treatment are just something else.

I'm sorry Marigold that sounds horrible when you were hoping for something better returning to work

Could you have a face-to-face chat with your line manager ace discuss expectations about how much is achievable in 15 hours?

I'm not saying this in a blaming way, but staying late so often can make you be taken less seriously as you are seen as a doormat who'll just do the extra work & employers are happy out & glad to be getting a good deal!

They don’t sound like decent employers. I’d be looking elsewhere. The overpayment for the breaks must be what, a couple of hundred quid, if that? A lot less to them than to you I guess anyway. And 2 years training repayment is a bit shitty as well, especially if it’s for mandatory training they need you to do for the job.