Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

Due to error by HR/Management etc, have been overpaid

19 replies

shortcircuit · 22/12/2008 13:26

I was told that wef the summer my salary would change. It turns out the amendement didn't go through & now I have been advised that they would like to recover the money going back to the summer.

Just had a look at a consumer website where it suggest that because it's their error, I may be entitled to keep the money.

Can anyone one advise please ?

OP posts:
Freckle · 22/12/2008 13:29

If it was a genuine error on their part and it would have been obvious to you that you were being overpaid, you would probably have to pay it back.

However, if they told you your salary was increasing and it did and you have then used that money on the understanding that the amount paid to you was correct, then they would probably not be able to recover it legitimately. I think you should take specific legal advice about it though. It's a tricky area.

flowerytaleofNewYork · 22/12/2008 14:10

If you were told your salary would be changing and because it didn't change you have been overpaid, I assume it was going down?

I don't think you've got a leg to stand on tbh. If you were expecting your salary to go down but it didn't, you'd be very hard pressed to either claim that you didn't know you'd been overpaid, or to claim that you genuinely thought it was correct. You and your employer are both aware this was an error.

An employer needs your consent to make deductions from your wages, however overpayment of salary is specifically excluded from this, so from what you say, it seems likely they have every right just to take it back.

Your best bet is to negotiate with them repaying it over a number of months so you don't notice so much.

dittany · 22/12/2008 14:12

This reply has been deleted

Message withdrawn at poster's request.

flowerytaleofNewYork · 22/12/2008 14:18

If it was supposed to go down with effect from the summer, it would be difficult for shortcircuit to now say 6 months later that she did not give consent to the change. She and everyone else have been working on the basis that her salary should be the new figure.

RibenaBerry · 22/12/2008 21:47

What Flowery said

BouncingTinsel · 23/12/2008 09:51

You should have notified them straight away as soon as you spotted it.
I got iver paid - they gave me back pay twice by mistake - I told our company accountant straight away and they sorted it out, luckily for me he let me keep the extra pay as is was too much hassle to get it back!

Original poster
shortcircuit · 23/12/2008 13:35

thanks for replies. I didn't notice it, I haven't opened my payslips or paying it any attention. I am off sick at the moment & have been for over a year. I just assumed it would be done.

I have been offered a 3 mth payback scheme, which I have asked to be reviewed as I would hardly be left with anything thing.

If it's not one thing, it's another with my work...

OP posts:
Freckle · 23/12/2008 13:37

I think we need to establish what the new terms and conditions were, whether the OP agreed to them and how obvious it would have been that those terms and conditions hadn't been activated. If the change in pay was not great, it may not have been obvious to the OP that she was, in effect, being overpaid.

Amani · 23/12/2008 13:52

I was overpaid some maternity benefits and as soon as I found out I told HR immediately. As I was honest about the whole thing (got it all confirmed in writing etc) I was told I could keep the money as long I stayed with the company 3 months after returning from ML - which was not a problem for me

RamblingRosa · 23/12/2008 15:03

As other people have said, you DO have to pay it back but you are also entitled to negotiate at what rate you pay it back. If you genuinely didn't realise that you'd been overpaid and you have now spent the money, they'll have to come to an arrangement with you with regards to how you pay it back. If the 3 month payment plan will leave you broke then go back to them and say you need to negotiate a longer payment plan. As Dittany said, you should consult your union if you have one.

Original poster
shortcircuit · 23/12/2008 18:37

thanks - I don't have a union to ask.

I have asked for longer & the reply is that the offer is reasonable as they would like to take it in 1 instalment ( impossible as I'm not paid that much). I am waiting for their reponse.

OP posts:
Ronaldinhio · 23/12/2008 18:40

This happened in my workplace to someone that I employ.
We actually were unable to recover the money from the employee and legal counsel told us that there wasn't really anyway to do so...to apply pressure to the employee but if they said no then to write it off.

Original poster
shortcircuit · 23/12/2008 18:47

why were you unable to recover the money ? had they left your work ?

OP posts:
Ronaldinhio · 23/12/2008 18:50

yes, she left once we discussed it but we had overpaid about £5000 (eeek)
I couldn't get my head around why we couldn't get it back as she must have known about the overpayments, but that was the legal advice we received as a business.
We sent some letters and lots of offers of payment terms but she never ever replied and we were advised to give it up and did.

RamblingRosa · 24/12/2008 08:46

If there's no union to talk to you could speak to ACAS or the Citizens Advice Bureau. They can't make you pay it back in a way that's unaffordable to you. As long as you're showing willing to pay it back, they need to be a bit more accommodating.

RamblingRosa · 24/12/2008 08:47

Have you been dealing with payroll or HR? Is there someone more senior you could talk to or do you have a sympathetic manager who could negotiate on your behalf?

fishie · 24/12/2008 08:48

did your pay reduce because you are on sick leave? after a year off this is quite common.

Original poster
shortcircuit · 24/12/2008 13:25

Hi, I've been speaking to my manager, who is negotiating with either HR or payroll.

Yes, pay reduced due to sick leave.

OP posts:
BBeingpatient · 27/12/2008 16:13

my old work over paid me on my last months salary and ive yet to pay it back, dont intend to either , but i spose thats different cos i left. hope it works out for u

New posts on this thread. Refresh page