Overpayment of wages by employer?

A question for all you employment law specialists- my work has been overpaying me for the past 4 months to the tune of 500 quid a month, they now want it back at the same rate, am I entitled to ask them to take it back at a lesser rate monthly since it was their mistake or do I have to bite the bullet?

Thanks in advance

I am an Advocate and i can tell you that the employer is entitled to any overpayment he has made to the employees !!

i would say that as long as you make a good faith effort to pay the money back the amount could be different.

Hi,if you knew & spent the money then you better bite the bullet.Good luck

Im afraid you will have to pay it back on their conditions. As they would expect you to have told them when it first happened!

I am not a lawyer but you do have to return the money in full. If not they could sue you for it. I know it doesn't seem fair since it was their error but you also didn't earn the money. I'm sure you could work something out with them to take some of it from each paycheck until it's paid off. My question is why did you wait so long? You should have gone to them the first time it happened.

You can ask that they take smaller amounts over a longer period of time but you shouldnt have let it go on for 4 months without telling them that they were paying you wrong, just tell them that it would be too much of a hardship on yourself if you have to pay back such large amounts each month.

I think you might have to bite the bullet. As unfair as it seems, you've got no control over it.


PS If my company overpaid me by 拢500 - I would notice it.

If in doubt, check this website http://www.thesalarycalculator.co.uk/sal...

I believe that you can pay it back at what ever rate is affordable to you. However you really don't want to get on the wrong side of your employee.

拢500 a month extra is a lot - why didn't you question it before?

A compromise I feel is the best solution.. May be pay it back over 6 - 8 months.

They are entitled to repayment and terms would be as per contract of emploment or other set procedure. You can ask them to spread return over a longer period of time as it may cause you financial hardship.

On discovering an overpayment, a good employer should immediately contact you, explain the problem and tell you that the money will be deducted from your next wages. But you should expect your employer to check with you that, by doing so, you will not find yourself in financial difficulties. If a full recovery would cause you problems, your employer may suggest recovering the overpayment in instalments, or taking the full amount of the overpayment and giving you a short-term loan that you would then pay off in instalments.

However, if you still feel that it is entirely unreasonable for the recovery to be made from your wages, you should make use of your employer's grievance procedure. If you raise the grievance before the recovery is made, the employer should wait until the grievance is resolved. If your employer goes ahead with the recovery, you may be able to take your employer to court, but not before following each stage of the grievance procedure precisely, including the appeal procedure if necessary.

You must remember that, in the case of an overpayment of wages or expenses, you do not have any employment protection. Your employer is entitled to recover the money without your permission, but must do it in a fair and reasonable manner. If you were not entitled to the extra money in the first place, you and your employer should work together to correct the situation.

The overpayment is recoverable by the employer but only at the employees agreement and at the rate the employee offers

Your employer is entitled to tak eback the money, how they take it back should be agreed by yourself and your employer, however if they do take it all back in the same manner that they paid you, you have little recourse unfortunately.

You have to pay it back in full but at a rate which is reasonable to both of you, don'ttry to take the pee though as the law does fall on their side and accepting that money is essentially theft.

I am assuming you are in the UK as you used the word 'quid'. Generally, in law the employer can take the money back without your consent. If you can prove that the employer gave the impression that your wage was correct at the time and you didn't realise and have spent the money and to pay it back would put you in a worse financial position than if the money had not been paid you could argue that you do not have to repay the money. However you should take care, as I don't know how long you have been employed. Negotiation may be a good move. You may find it beneficial to visit your local CAB.

Try filing a complaint with "America's Worst Employers"

That will get their attention when they see their name listed there..

http://www.AmericasWorstEmployers.org