need help r.e overpayment from ex employer
Discussion
Hi folks realy need some advice from anyone in the know,
this is for my best friend not me, she is sat here virtually distraught with worry and in tears. She worked for a certain sattelite tv company that rhymes with fry . she was there for around 2months or so but had to leave A, sickness and b, they decided that they wanted her to work until 11pm at night in a dangerous area...she was worried sick as there has been lots of muggings and a rape. the job was supposed to be split shifts ... but i digress.
she left the company on January 2nd after approximately 3 weeks sick..... she was sick too , too sick to work.. she is my house mate so i know it was true, she had sick notes from the doctors etc and handed them all in... now in Feb we get an email saying she owes the company £922.00 ...
seems that when they pay sick pay they do that in arrears.... this i don't get at all how can you do that i don't understand it, also they say statutory sick pay of £554 was paid to her plus holiday pay for the time she was there, apparently there has been an overpayment and they want the cash back, hey said the last payslip was issued online on the 26th January, She was not aware of this as a letter she got stated last payments etc would be up to the 2nd january.
Now my friend is Greek and this was her first job in the u.k. and does not really understand what is happening. also she never has had an employment contract. i asked her for it so i could read up on the policy but nope no contract issued. She has told me and shown me bank statements to show she only got her normal salary while there nothing out of the ordinary to say she she had been overpaid...she is as honest as the day is long so would have said if she had known. Thing is now she is not employed... she is looking very hard for work and i have to say she is a grafter... unfortunately we all get ill sometimes... a rarity for her though. she is sat next to me in tears wondering how this happened and what we can do...
i phoned the company for her but they just told me a load of gibberish and corporate speak... they are sending a copy of her payslip for the 26th jan.... thought it odd as they said she would be paid until 2nd january but i'm thinking maybe as it is after the last pay date they would have to send one ending january. Also she is now unemployed , not entitled to benefits... not that she wants them, ive told her she is my best friend and lives in my house and she will always have a roof and food etc so try not to worry , everything is sortable and its just a money issue. not the end of the world...
what i guess i'm getting at is is she responsible for overpayments she wasnt aware of being that according to past slips ... issued online not in hand and regarding sick pay for wich notes were handed in or does she have to pay up....also how does she pay with no current income and me supporting her ( i dont mind that for a minute by the way she is a lovely person and far from a mental
) told her until she gets a job ...shes trying hard... job hunting is like a job itself to her... i would help... any advice welcome folks we need it !!
this is for my best friend not me, she is sat here virtually distraught with worry and in tears. She worked for a certain sattelite tv company that rhymes with fry . she was there for around 2months or so but had to leave A, sickness and b, they decided that they wanted her to work until 11pm at night in a dangerous area...she was worried sick as there has been lots of muggings and a rape. the job was supposed to be split shifts ... but i digress.
she left the company on January 2nd after approximately 3 weeks sick..... she was sick too , too sick to work.. she is my house mate so i know it was true, she had sick notes from the doctors etc and handed them all in... now in Feb we get an email saying she owes the company £922.00 ...
seems that when they pay sick pay they do that in arrears.... this i don't get at all how can you do that i don't understand it, also they say statutory sick pay of £554 was paid to her plus holiday pay for the time she was there, apparently there has been an overpayment and they want the cash back, hey said the last payslip was issued online on the 26th January, She was not aware of this as a letter she got stated last payments etc would be up to the 2nd january.
Now my friend is Greek and this was her first job in the u.k. and does not really understand what is happening. also she never has had an employment contract. i asked her for it so i could read up on the policy but nope no contract issued. She has told me and shown me bank statements to show she only got her normal salary while there nothing out of the ordinary to say she she had been overpaid...she is as honest as the day is long so would have said if she had known. Thing is now she is not employed... she is looking very hard for work and i have to say she is a grafter... unfortunately we all get ill sometimes... a rarity for her though. she is sat next to me in tears wondering how this happened and what we can do...
i phoned the company for her but they just told me a load of gibberish and corporate speak... they are sending a copy of her payslip for the 26th jan.... thought it odd as they said she would be paid until 2nd january but i'm thinking maybe as it is after the last pay date they would have to send one ending january. Also she is now unemployed , not entitled to benefits... not that she wants them, ive told her she is my best friend and lives in my house and she will always have a roof and food etc so try not to worry , everything is sortable and its just a money issue. not the end of the world...
what i guess i'm getting at is is she responsible for overpayments she wasnt aware of being that according to past slips ... issued online not in hand and regarding sick pay for wich notes were handed in or does she have to pay up....also how does she pay with no current income and me supporting her ( i dont mind that for a minute by the way she is a lovely person and far from a mental
) told her until she gets a job ...shes trying hard... job hunting is like a job itself to her... i would help... any advice welcome folks we need it !!Edited by evilmunkey on Wednesday 1st February 18:02
you'll get more responses. sorry for the formatting, it does seem she has been overpaid but realy she couldnt tell... thing that is the main worry is if it does have to be paid back... how does she do it with no income .... she is looking for work and this has come as a great shock to her.... ive suggested citizens advice but my first thought is to contact payroll and offer a token payment per week intrest free... told her untill she gets a job i will pay 20 quid a month for her.... we need to see what the ex payroll for bskyb
ks say i guess. cheers guys.... was trying to type while she was crying and distraught at the side of me... not easy.
ks say i guess. cheers guys.... was trying to type while she was crying and distraught at the side of me... not easy.Cheers so far guys, i tried editing my post but it wont change, doh. and motivator thank you , she has hasn't had a contract specifying sick policy and i do apologise for the formatting and the......'s wasnt intentional just hard when you have a woman screaming shouting and crying at the side of you. maybe she is a mental she is my best friend though. ive told her i'm going to draft an email to her payroll section explaining the circumstances and that at the moment she has no income and i am pretty much supporting her (i dont mind that for a moment she is always offering me what little cash she has towards bills etc but i am in a decent position with renting at cheap rates from my dad... a 3 bed house at 350 a month !! ) plus the fact she is my best friend and has in the past spent her last pound to help me out when times were tough... if i can pay the overpayment if needs be for her i will . going to see the citizens advice then contact the company and see what can be worked out. does look like it was their cockup though... best take pro advice too.
she is my best friend though. ive told her i'm going to draft an email to her payroll section explaining the circumstances and that at the moment she has no income and i am pretty much supporting her (i dont mind that for a moment she is always offering me what little cash she has towards bills etc but i am in a decent position with renting at cheap rates from my dad... a 3 bed house at 350 a month !! ) plus the fact she is my best friend and has in the past spent her last pound to help me out when times were tough... if i can pay the overpayment if needs be for her i will . going to see the citizens advice then contact the company and see what can be worked out. does look like it was their cockup though... best take pro advice too.evilmunkey said:
ive told her i'm going to draft an email to her payroll section explaining the circumstances and that at the moment she has no income and i am pretty much supporting her
If I were in this situation I would draft an email saying she does not understand what the situation is, and would they 1) mind explaining it clearly to her, and 2) forward her contract details and 3) the company policy regarding an overpayment situation. I would not mention she is unable to pay at this stage, just that it is not clear what the situation is.
Then I would book in to the local CAB.
I'm finding it hard to understand the situation.
Are you seriously saying that someone cannot identify when £900 odd pounds appers in their bank account that they were not expecting? From what you say about your friend not having any money, it sounds like they live a payday to payday existence. They should therefore be even more likely to notice a large chunk of unexpected money in their account.
Reading between the lines, your friend knows that they recevied the extra money, have spent it and are now worried that the ex-employer are wanting it back. Why else would they offer to pay it back at £20 per month it they were sure that an overpayment never occured.
Smells fishy to me.
Are you seriously saying that someone cannot identify when £900 odd pounds appers in their bank account that they were not expecting? From what you say about your friend not having any money, it sounds like they live a payday to payday existence. They should therefore be even more likely to notice a large chunk of unexpected money in their account.
Reading between the lines, your friend knows that they recevied the extra money, have spent it and are now worried that the ex-employer are wanting it back. Why else would they offer to pay it back at £20 per month it they were sure that an overpayment never occured.
Smells fishy to me.
thing is she didnt know she was over paid , she just got her normal wage whilst on sick... she did ask if this was normal , the pay dept told her yes everything was correct. ive had a chance to look at her wage slips and nothing seemed out of order, they are now saying they accidentily payed her full statutory sick pay that she shouldn't have had up until the 26th of January. we have a letter saying she would be paid until the second of jan and bank statements showing no other payments made even though they say the over payment went into her account on the 26th jan.... she never received any payment sick or otherwise i have seen her final p\y slip and all seems to be in order. ive told her to make an appointment with the cab to get this sorted as i cant figure it out, plus her employer wont talk to me due to disclosure laws etc.. i guess formal advice is needed to sort this out. cheers folks. your advice is gratefully recieved.... bit of a messy situation but we will sort it out one way or another. its just the explanations from sky seem to go from un-comprehensible to utter bullst we just need to know where we stand is all.
t we just need to know where we stand is all.My first port of call would be to get the ex-employer to set out clearly in writing, why the believe that they have overpaid your firend. You can then analyse this informmtion and satisfy yoursevles that either the claimed overpayment is correct or if any errors are found, this can be pointed out to the ex-employer.
Without this basic understanding of the claim, what use are CAB or any other advisors going to be?
Without this basic understanding of the claim, what use are CAB or any other advisors going to be?
The poster above is correct. She needs to understand exactly what the situation is.
You can write a letter or email for her to sign and send herself.
When I left a major company a year ago my holiday pay wasn't paid, they make mistakes and are usually happy to help. Just send the right email asking for what they believe they have paid by month, and what they should have paid and an explanation for the difference. Ask for the contract that covers this.
Your friend needs to understand exactly what they think she owes and why.
Posters suggesting things about the friend without any justification should hold back a little in my opinion. Has she said she won't pay if she owes it? No she just doesn't understand and is very worried.
You can write a letter or email for her to sign and send herself.
When I left a major company a year ago my holiday pay wasn't paid, they make mistakes and are usually happy to help. Just send the right email asking for what they believe they have paid by month, and what they should have paid and an explanation for the difference. Ask for the contract that covers this.
Your friend needs to understand exactly what they think she owes and why.
Posters suggesting things about the friend without any justification should hold back a little in my opinion. Has she said she won't pay if she owes it? No she just doesn't understand and is very worried.
0a, thank you . and yes it is simply a case of needing to understand what has happened and why. We just need it laid out in simple terms so we can see what's what then deal with the issue. Also thank you for your last comment. If she owes she will albeit with my help pay. she is not looking to run away from the issue at all.
Also the asset to the u.k. comment from the other poster i find kind of offensive. She has contributed to the economy , she wants to work for a living, she does not receive or want a single benefit handout.
She came to the U.K after i invited her . Unlike a lot of domestic scum we have here she is a grafter willing to work any hours and willing to take almost any job, she has turned job searching into a full time job at the moment. If we are going to get legal migrant workers she is the kind we need. I wouldn't have a benefits monkey under my roof for a second. thanks all for the constructive advice. It realy is most appreciated.
Also the asset to the u.k. comment from the other poster i find kind of offensive. She has contributed to the economy , she wants to work for a living, she does not receive or want a single benefit handout.
She came to the U.K after i invited her . Unlike a lot of domestic scum we have here she is a grafter willing to work any hours and willing to take almost any job, she has turned job searching into a full time job at the moment. If we are going to get legal migrant workers she is the kind we need. I wouldn't have a benefits monkey under my roof for a second. thanks all for the constructive advice. It realy is most appreciated.
If an employer overpays an employee by mistake, they are perfectly entitled to ask for the overpaid amount back. If an employee insists on keeping it, they could be charged with theft.
If your friend thinks that the amount the employer wants back is too high, fine, she then needs to explain to her former employer exactly why it is too much and argue her case for not repaying.
On the other hand, if she just doesn't want to pay it back simply because she wasn't aware that she had been overpaid, that will hold no water whatsoever. If she agrees that the amount overpaid is correct but that she camnot pay it back all in one go, she will need to negotiate repayment terms with her former employer.
If your friend thinks that the amount the employer wants back is too high, fine, she then needs to explain to her former employer exactly why it is too much and argue her case for not repaying.
On the other hand, if she just doesn't want to pay it back simply because she wasn't aware that she had been overpaid, that will hold no water whatsoever. If she agrees that the amount overpaid is correct but that she camnot pay it back all in one go, she will need to negotiate repayment terms with her former employer.
Thanks, for that its not an issue about paying what may or not be owed its a matter of sky giving different reasons we dont understand , we need the reasons to be explained in plain english not legal jargon and company b.s. also we need to know why she got a letter saying she would be paid until the 2nd of jan than now get told the overpayment was until the 26th when we have proof i.e bank statements showing no payment was made after mid december... just all seems a little odd.
evilmunkey said:
Hi folks realy need some advice from anyone in the know,
this is for my best friend not me, she is sat here virtually distraught with worry and in tears. She worked for a certain sattelite tv company that rhymes with fry . she was there for around 2months or so but had to leave A, sickness and b, they decided that they wanted her to work until 11pm at night in a dangerous area...she was worried sick as there has been lots of muggings and a rape. the job was supposed to be split shifts ... but i digress.
she left the company on January 2nd after approximately 3 weeks sick..... she was sick too , too sick to work.. she is my house mate so i know it was true, she had sick notes from the doctors etc and handed them all in... now in Feb we get an email saying she owes the company £922.00 ...
seems that when they pay sick pay they do that in arrears.... this i don't get at all how can you do that i don't understand it, also they say statutory sick pay of £554 was paid to her plus holiday pay for the time she was there, apparently there has been an overpayment and they want the cash back, hey said the last payslip was issued online on the 26th January, She was not aware of this as a letter she got stated last payments etc would be up to the 2nd january.
Now my friend is Greek and this was her first job in the u.k. and does not really understand what is happening. also she never has had an employment contract. i asked her for it so i could read up on the policy but nope no contract issued. She has told me and shown me bank statements to show she only got her normal salary while there nothing out of the ordinary to say she she had been overpaid...she is as honest as the day is long so would have said if she had known. Thing is now she is not employed... she is looking very hard for work and i have to say she is a grafter... unfortunately we all get ill sometimes... a rarity for her though. she is sat next to me in tears wondering how this happened and what we can do...
i phoned the company for her but they just told me a load of gibberish and corporate speak... they are sending a copy of her payslip for the 26th jan.... thought it odd as they said she would be paid until 2nd january but i'm thinking maybe as it is after the last pay date they would have to send one ending january. Also she is now unemployed , not entitled to benefits... not that she wants them, ive told her she is my best friend and lives in my house and she will always have a roof and food etc so try not to worry , everything is sortable and its just a money issue. not the end of the world...
what i guess i'm getting at is is she responsible for overpayments she wasnt aware of being that according to past slips ... issued online not in hand and regarding sick pay for wich notes were handed in or does she have to pay up....also how does she pay with no current income and me supporting her ( i dont mind that for a minute by the way she is a lovely person and far from a mental ) told her until she gets a job ...shes trying hard... job hunting is like a job itself to her... i would help... any advice welcome folks we need it !!
two months working and sick for how long? doenst like the work hours or location. accepted money she didnt earn and wont pay it back. my word how the world has changed. i used to be hungry for a job. grateful to have the chance to graft in another country. i really would stock up on paracetamol and never miss a day in my first year with any company. this is for my best friend not me, she is sat here virtually distraught with worry and in tears. She worked for a certain sattelite tv company that rhymes with fry . she was there for around 2months or so but had to leave A, sickness and b, they decided that they wanted her to work until 11pm at night in a dangerous area...she was worried sick as there has been lots of muggings and a rape. the job was supposed to be split shifts ... but i digress.
she left the company on January 2nd after approximately 3 weeks sick..... she was sick too , too sick to work.. she is my house mate so i know it was true, she had sick notes from the doctors etc and handed them all in... now in Feb we get an email saying she owes the company £922.00 ...
seems that when they pay sick pay they do that in arrears.... this i don't get at all how can you do that i don't understand it, also they say statutory sick pay of £554 was paid to her plus holiday pay for the time she was there, apparently there has been an overpayment and they want the cash back, hey said the last payslip was issued online on the 26th January, She was not aware of this as a letter she got stated last payments etc would be up to the 2nd january.
Now my friend is Greek and this was her first job in the u.k. and does not really understand what is happening. also she never has had an employment contract. i asked her for it so i could read up on the policy but nope no contract issued. She has told me and shown me bank statements to show she only got her normal salary while there nothing out of the ordinary to say she she had been overpaid...she is as honest as the day is long so would have said if she had known. Thing is now she is not employed... she is looking very hard for work and i have to say she is a grafter... unfortunately we all get ill sometimes... a rarity for her though. she is sat next to me in tears wondering how this happened and what we can do...
i phoned the company for her but they just told me a load of gibberish and corporate speak... they are sending a copy of her payslip for the 26th jan.... thought it odd as they said she would be paid until 2nd january but i'm thinking maybe as it is after the last pay date they would have to send one ending january. Also she is now unemployed , not entitled to benefits... not that she wants them, ive told her she is my best friend and lives in my house and she will always have a roof and food etc so try not to worry , everything is sortable and its just a money issue. not the end of the world...
what i guess i'm getting at is is she responsible for overpayments she wasnt aware of being that according to past slips ... issued online not in hand and regarding sick pay for wich notes were handed in or does she have to pay up....also how does she pay with no current income and me supporting her ( i dont mind that for a minute by the way she is a lovely person and far from a mental
) told her until she gets a job ...shes trying hard... job hunting is like a job itself to her... i would help... any advice welcome folks we need it !!Edited by evilmunkey on Wednesday 1st February 18:02
"job hunting is like a job itself to her"
yeah i have some advise. dont quit a perfectly good one ina recession. anyway - a recruitment agency will be along soon to tell you how important you are, how disgraceful the last employer is and will place her in a worse job with lower pay to cover their fee.
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