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Employment law question.

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By (user no longer on site) OP   
over a year ago

Any bright sparks ir legal eagles out there who can answer this question? Please pm me if you wish to remain ananymous.

Q. My employer has overpaid me by giving me the wrong hourly rate for the last two years. He now plans ti take all the overpayment back. Is this legal? Can I protest as the mistake was his...never got a letter confirming hourly rates, just wage slips and verbal 'you will get a pay rise' comments.

All helpful answers appreciated.

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By *rightonsteveMan
over a year ago

Brighton - even Hove!

You may well have to pay it back but you could negotiate how much and for how long.

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By (user no longer on site)
over a year ago

Have you a contract of employment?

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By (user no longer on site)
over a year ago

If it doesn't say a rate in your contract he can't take it back

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By (user no longer on site)
over a year ago

I wouldn't pay it back its an oversight on they're part after not spotting the error for two years then drop it on you they want it back id tell them politely to fuck off

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By (user no longer on site)
over a year ago

In broad terms yes he can.

The lack of any written confirmation of the new rate and the length of time he has been overpaying massively complicates that.

If you are in a union speak to them, if you aren't seek legal advice

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By (user no longer on site)
over a year ago


"If it doesn't say a rate in your contract he can't take it back "

That cuts both ways though. The OP can't prove that she was entitled to the increase

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By (user no longer on site)
over a year ago

If you knew you had been overpaid but kept quiet then he has a right to claim it back if not then he is at fault and although he can probably claim some back trying to claim 2 years worth back is excessive sorry this isn't legal advice just past experiences - question has to be asked how has he paid you the wrong rate for 2 yrs surely his accounts would have picked it up before now or surely it becomes a custom and practice case as he's paid it for so long

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By (user no longer on site)
over a year ago

Seek legal advice from the CAB however,

there is a general right to recover money paid by mistake. Section 13 of the Employment Rights Act 1996 covers the right not to suffer unauthorised deductions. Deductions for overpaid wages is specifically excluded from protection by the Act and therefore, an employee cannot being a claim in the Employment Tribunal for deduction of wages in these circumstances, as set out in section 14 (1)(a) of the Act. X would need to bring any claim to a County Court.

The employer is entitled to recover the overpayment, subject to estoppel - the principle that if two parties proceed on the basis of an assumption, where that assumption proves to be incorrect, neither party can go back on it without there being potential damages. Where an employer overpays an employee by mistake the courts will normally bar recovery if the employer led the employee to believe that she is entitled to treat the money as her own, not reasonably expect her to notice overpayment, that the employee has spent the money in good faith and the overpayment was not caused primarily by the fault of the employee.

You need to speak with an advisor and your employer.

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By *entralscotscpl7Couple
over a year ago

Falkirk

I had this a few years back.

Unfortunately I had to pay it back but luckily for me it wasn't two years worth.

I did however get to negotiate the amount payed back which was pretty minimal as it was there fault.

Some companies can be walkers about the whole thing. Talk to your HR and get a copy of your contract.

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By *limprofessionalMan
over a year ago

crewe

I believe legally they can. I looked into it as seven years ago simile happened to me. Overpaid by £1000 in total

They threatened me with legal action. My response was spent all the money.

Final outcome I agreed to pay them back £5 per week for a long time!!!

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By (user no longer on site)
over a year ago

Try ringing acas they should be able to tell you

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By (user no longer on site)
over a year ago


"Any bright sparks ir legal eagles out there who can answer this question? Please pm me if you wish to remain ananymous.

Q. My employer has overpaid me by giving me the wrong hourly rate for the last two years. He now plans ti take all the overpayment back. Is this legal? Can I protest as the mistake was his...never got a letter confirming hourly rates, just wage slips and verbal 'you will get a pay rise' comments.

All helpful answers appreciated."

Many years ago, I had a summer job with the civil service (administering YTS payments which tells you how long ago it must have been).

They overpaid me by a grand which, for a student, was a fortune.

When they demanded repayment, I checked the law and responded that the money had already been spent and that I had not been aware of the overpayment.

They had to back down.

However, I had no need of a reference or current/future employment with them. Those are factors which might be important to you.

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By (user no longer on site)
over a year ago


"Any bright sparks ir legal eagles out there who can answer this question? Please pm me if you wish to remain ananymous.

Q. My employer has overpaid me by giving me the wrong hourly rate for the last two years. He now plans ti take all the overpayment back. Is this legal? Can I protest as the mistake was his...never got a letter confirming hourly rates, just wage slips and verbal 'you will get a pay rise' comments.

All helpful answers appreciated."

Argue that you are worthy of the higher rate you were paid , especially if other employees are also on the higher rate for same job you do

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By *nequeenslutWoman
over a year ago

rugeley

if your employer does get to claim the overpayment back make sure you get back any tax and national insurance that would have been over paid

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By (user no longer on site)
over a year ago


"if your employer does get to claim the overpayment back make sure you get back any tax and national insurance that would have been over paid "

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By (user no longer on site) OP   
over a year ago

Thank you. Acas were not helpful nor were the union. It is ongoing but cheers for the advice.

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By *isdirtygirlCouple
over a year ago

somewhere out there


"Any bright sparks ir legal eagles out there who can answer this question? Please pm me if you wish to remain ananymous.

Q. My employer has overpaid me by giving me the wrong hourly rate for the last two years. He now plans ti take all the overpayment back. Is this legal? Can I protest as the mistake was his...never got a letter confirming hourly rates, just wage slips and verbal 'you will get a pay rise' comments.

All helpful answers appreciated."

Yes they can. I was overpaid by 25% for about 3 years. I have a paranoia about paper work and never look at my wage slips. I was lucky. They only wanted about a quarter of that back. After six months and a very good bonus it was paid back. Considering the original amount was around 28k I was very happy

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