Over Payment of Wages (Second Time)

[BloodyAnnoyed]

In September 2011, when I was employed by a Local Authority, I was advised that I had been overpaid, for about 18 months. I had moved to a term time only job (44 week contract) in January 2010 but they had continued to pay me as if I was on a 52 week contract. I have spent the last three years paying back nearly £3000. My wages were correct for September, October and November 2011.

 

In November 2011 I was TUPED over to my current employer and I received my first wage from them in December 2011. Last week my current employer advised me that it had come to light that I had been overpaid approximately £4000 by them since December 2011.

I have since found out that several other employees have been in a similar situation and some have not paid anything back. I admit I should have checked my wage slips more thoroughly but my employer was fully aware of my situation before I was TUPED over. I was supported by a manager, who was also TUPED over at the same time as me, so I feel that they are mainly responsible as they were supposed to ensure that everything was correct.

 

They have asked me to go away and think about how much I felt comfortable paying back. This seems a bit strange because before that they told me that they had been advised by their legal team that I was liable to pay back all of the money. At the moment I feel like only offering to pay back a small amount proportionate to how much I feel responsible.

I would appreciate any advice.

[stevemLS]

I suspect what they meant was how much you felt comfortable about paying back on a monthly basis rather than how much in total.

 

Their legal team are right other than in VERY limited circumstances.

 

Are they saying you have been overpaid since the TUPE transfer? If so, how much were you paid in your last month with the local authority and how much in the first month wit the new employer?

[SabreSheep]

Maybe research "Estoppel"

[BloodyAnnoyed]

I did ask them if I had understood correctly and they confirmed that they wanted to know how much I felt able to pay back. I told them that at the moment I did not feel like paying back the whole amount and they did not challenge this. I have to say that I do not have this in writing though!

 

They are saying that I have been overpaid since the TUPE transfer. The transfer process was beginning at the time that I was made aware of the first overpayment. I think that my current employer must have been given the wrong amount by the Local Authority but the manager who was supporting me at the time should have checked that the corrected amount had been passed over.

When I was paid by the Local Authority this also included wages for another job that has hours that fluctuate every month. That is why when I looked at the net amounts of the two separate wage slips there did not seem to be much of a difference. I do wish that I had looked at my wage slips more closely and I hope that other people reading this learn from my mistake!

[Sidewinder]

I think that you are on shaky ground unless you queried the pay received at any point and were told that it was correct.

 

As pointed out above there are limited grounds under the doctrine of Estoppel to block repayment, but this would rest on whether you genuinely believed that the overpayments were genuine and have changed your position (spent the money) in good faith having taken steps to establish entitlement.

 

So, speaking generally, had you queried the rate of pay and been advised that it was correct, then you could have a belief of entitlement and no longer be in a position to repay the money.

[BloodyAnnoyed]

I know I am on shaky ground because I never queried my pay with my current employer. If only we could go back in time with the knowlege we have now!

I had a letter from the Local Authority shortly before the TUPE transfer telling me why there had been an overpayment, the total I owed and confirmation that my pay had been corrected but it did not show my correct salary so I had nothing to compare against. I have asked my current employer to send me copies of any paperwork that is in my file in case there is something in writing that I never received. If they tell me that there is nothing on file I wonder if I could offer to pay some of the overpayment back because it is not entirely my fault......