Employer paid me old wage instead of new.

[Riknos]

I have been working for the same company for a while, and on December 15th I took a new job at the company that was paying the same basic salary as my old one, however, minus the 20% shift allowance.

I have received my pay this month and I am still being paid the shift allowance, despite working a full month not in a shift role. I have read the various CAB articles stating my employer is entitled to take it back from me, however - I have not signed a contract yet for my new role (keep chasing HR about it...) so technically I'm still on my old contract, am I still entitled to my old pay? Or will I still have to pay back?

Anyone know if this technicality makes a difference?

Thanks.

[MacW]

Shift allowances are sometimes paid a month in arrears, could this be the case for you?

[Sir Bagalot]

Riknos said:

Anyone know if this technicality makes a difference?

Seriously?

You already know the answer to this.

[Countdown]

Riknos said:

I have been working for the same company for a while, and on December 15th I took a new job at the company that was paying the same basic salary as my old one, however, minus the 20% shift allowance.

I have received my pay this month and I am still being paid the shift allowance, despite working a full month not in a shift role. I have read the various CAB articles stating my employer is entitled to take it back from me, however - I have not signed a contract yet for my new role (keep chasing HR about it...) so technically I'm still on my old contract, am I still entitled to my old pay? Or will I still have to pay back?

Anyone know if this technicality makes a difference?

Thanks.

You could ask your HR / Payroll Dept....

You have to pay it back and normally employers are able to deduct it straight out of your wages. However you can then take them to ET for an "unlawful deduction from wages" but you would have to convince the judge that

you were not aware you had been overpaid
you had not been notified of the overpayment within a reasonable period of time
you had now been placed in a detrimental position through no fault of your own.