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Can employer get me to repay overpayments they've made which are their fault?

10 replies

Corriewatcher · 09/02/2010 20:54

Hi there
I'm still on the books with my public sector employer of 20 years, but I've been on SUPL for a couple of years to look after my children. Just had a letter from them saying that, due to their computer error, they overpaid me by about £40 per month from 2003-2008. They've asked me to contact them to arrange to repay the overpayment of £2500.
I don't have any income at the moment as I'm supported by my husband, so it's going to be really difficult to repay. I haven't been dishonest about this at all - I was completely unaware of the overpayment as it started when I went back after maternity leave on reduced hours so my overall pay was a lot less than what I'd been used to and I just didn't notice.
A big part of me feels like telling them I haven't got the money, it's their fault, and they'll just have write the money off.
Does anyone have any advice to offer? Thanks.

OP posts:
expatinscotland · 09/02/2010 20:56

I think it's absolute bullshit that employers get away with this, tbh.

I think if you fuck up like that, you should have to eat the loss.

millarkie · 09/02/2010 21:02

I think that they have the legal right to take it back. I work for a large public employer and we had a similar issue a few years back where it turned out they had calculated an allowance incorrectly for all part-time staff. 2 years later they insisted that the staff pay it back, they offered to let them pay over 10 months but they had to pay it back.

scottishmummy · 09/02/2010 21:21

yes if you are overpaid you have to pay back,lots of litigation on this topic.usually in employment contract too.if in a union contact them and try propose a graded payback as you cant afford lump sum.norm is to agree staggered payment

LazyJourno · 09/02/2010 23:53

Don't refuse to pay it (you can't legally, so it would be pointless to try) but do tell them that you can't pay it at the moment as you're not working and you hadn't realised for reasons X, Y, Z so you don't have the money set aside. They may well write the debt off. If not, agree a payment plan that will start when you return to work.

jasper · 10/02/2010 00:05

Yes they can

Monty100 · 10/02/2010 00:10

As far as I understand they can. But they would probably be sympathetic about how and when it is repaid.

for you. It does seem unfair.

missorinoco · 10/02/2010 00:25

As said above, yes.

They have to take into account extenuating circumstances, as you have, and apparently one is meant to pay it back at the rate you were overpaid.

Having said that, I was overpaid a lump sum, which I didn't realise for various reasons, and my public sector employer was happy for me to pay it back slowly.

Contact them.

Monty100 · 10/02/2010 00:28

Missorinoco - me too. Employers were fine about repaying it slowly.

Corriewatcher · 10/02/2010 18:35

Many thanks for the replies. I think I will go with what Lazy Journo suggests and see what they do.

OP posts:
scottishmummy · 10/02/2010 21:15

they wont write debt off,but do allow staggered repayment

sorry but you are inconvenienced but if you were not entitled to the money you cannot reasonably expect the public sector to write off a debt.isnt some multi-national conglomerate,is public sector predominately funded by direct taxation.limited resources,squeezed budgets

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