#Employment : Employer Claiming Overpayment of Wages - with a twist

[ExpandingWindows]

Hi All,

First post. I have an issue with a former employer.

 

I received my final pay slip and they deducted a significant amount from it.

 

This was put down as a overpayment... Let me explain.

 

Their payroll period for December 2010 was the 1st to the 31st. So I was paid for that period in December.

 

But in the middle of December they changed their payroll period from the 16th of December to the 15th of January. In January therefore I was paid for that period.

 

Now what they are claiming is that I was overpaid for the 12 days in December where the two payroll periods overlapped. So my last pay packet i was paid for the 16/02/2011 - 15/03/2011 LESS the 12 days in December.

 

I don't know about anyone else but that sounds a bit harsh, bearing in mind that I did not receive any additional money, and nothing in my contract about deductions or the letter that was issued that notified us about the change. Also the payroll change wasn't optional, and I didn't benefit monetarily from the change.

 

I think this is squarely against the Employment Rights Act 1996 for retrieving overpayments since it was entirely the employers fault AND no mention of the right to deduct this money was in my contract.

 

What say you?

[Sidewinder]

Hi and Welcome.

 

First and foremost you need to ask them to explain in writing how they believe that the overpayment occurred. Ask for a breakdown which will then make it much easier to start arguing with them. Your post, whilst it explains that a pay period has changed, is not clear on how this might have affected your pay, or how an overpayment situation might come about.

 

Only if it can be established that you have not been paid too much money and have had to repay it can we say one way or the other whether the employer has acted incorrectly. As you seem to have read up on the ERA 1996, you will already know that recovery of salary overpayments does not have to be in your contract, nor does it matter whether it was the employer's fault that any alleged overpayment occurred. The ERA gives an employer the absolute right to recover an overpayment, however they wish, and without notice if appropriate.

 

You need to prove categorically that there was no overpayment in order to proceed. Are you able to explain things a little more clearly?

[elpulpo]

Aye, ya sound to have got it right. Go for it.

[postggj]

The ERA gives an employer the absolute right to recover an overpayment, however they wish, and without notice if appropriate.

 

totally agree but the wage recall must not take the employee below the national minimum wage on the deductions

[Sidewinder]

Sorry Post but that is not altogether correct.

 

If the deduction is to recover an overpayment of salary then it can be deemed to balance an earlier advance and the NMW doesn't come into it.

[elpulpo]

Sorry Post but that is not altogether correct.

 

If the deduction is to recover an overpayment of salary then it can be deemed to balance an earlier advance and the NMW doesn't come into it.

Aye. As long as the gross wage before the deduction meets NMW, then they're cool.

Otherwise it would be impossible for an employer to ever recover overpayments from employees on NMW.

 

Have ya noticed how we agree about everything, SW?

[honeybee13]

Aye. As long as the gross wage before the deduction meets NMW, then they're cool.

Otherwise it would be impossible for an employer to ever recover overpayments from employees on NMW.

 

Have ya noticed how we agree about everything, SW?

 

Can I start a rumour about you two then?

 

My best, HB

[elpulpo]

If it dispels the tittle-tattle that's going around about us baby, go right ahead.

[honeybee13]

If it dispels the tittle-tattle that's going around about us baby, go right ahead.

 

 

HB

[postggj]

Sorry Post but that is not altogether correct.

 

If the deduction is to recover an overpayment of salary then it can be deemed to balance an earlier advance and the NMW doesn't come into it.

 

DID NOT THINK OF THAT:roll:

 

MANY THANKS