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?

Firstly, your not entitled to a break as you work 5 hours a day. That said you’re contracted for 5 not 4 and a bit. So you can work through with no beaks and finish at the same time. Remember, payroll don’t care what job you do or how great you are, just what they must pay you. Speak to your boss about the extra hours as the could reduce your work or pay you overtime.

She didn't ask for the break though, they told her to take it and then turned round and said she wouldn't get paid for it even though she regularly works over her hours. They sound like a shower of idiots

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

The time limit is 6 years (5 years in Scotland).

I'm going to ask to drop my breaks and work my contracted 15 hours. This will make literally no difference to my life as I currently work through breaks anyway. Where the cracks will show is the paperwork won't get done. I'm also going to record all unpaid hours I work and either request TOIL or at the very least acknowledgment of the sheer number of hours involved to hit their expectations. I've worked in many jobs and I'm not slow, I am confident of that. They just have no idea what they're asking of people. Obviously I'll get quicker at admin, but I'm definitely not slow.

An employer is never going to put more resources into a job that is being completed. Do your 15 hours. If things get dropped they are either unnecessary or the employer will have to up the hours.

An employer is never going to put more resources into a job that is being completed.

That's actually very wise. I think good employers do reward/ recognise extra work and good work in many, many jobs and don't over-ask or over-expect (not in my experience anyway). I have never worked in a minimum wage type role before though, so I guess the boundaries change there and I haven't fully got my head around it.