Salary overpayment
Author
Discussion

Jazzy Jefferson

Original Poster:

728 posts

172 months

Friday 16th November 2012
quotequote all
Hello

Not sure on this... any advice appreciated smile

My girlfriend quit her job, she informed them in writing etc all done properly. no problem.
They paid her for the hours she worked, but also an additional 8 hours, for which she has not worked, but was never contracted to anyway. They have simply paid her too much.

They are now requesting she pay it back. But Im not sure she has to?


illmonkey

19,829 posts

229 months

Friday 16th November 2012
quotequote all
She didn't earn it, pay it back. 8 hours can't be that much.

warnerj

81 posts

197 months

Friday 16th November 2012
quotequote all
Check her contract to see if it states anywhere about payments.

"If an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate"

But as the previous comment its 8hrs of wages, do then honest thing.

Parsnip

3,281 posts

219 months

Friday 16th November 2012
quotequote all
Legal issues aside - what about moral ones?

Also worth considering if 8 hours of pay is worth the damage they could do if someone rings up for a reference.

Jazzy Jefferson

Original Poster:

728 posts

172 months

Friday 16th November 2012
quotequote all
warnerj said:
Check her contract to see if it states anywhere about payments.

"If an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate"

But as the previous comment its 8hrs of wages, do then honest thing.
I think that's the answer, see what her original contract actually says.

thanks all.

Jazzy Jefferson

Original Poster:

728 posts

172 months

Friday 16th November 2012
quotequote all
Parsnip said:
Legal issues aside - what about moral ones?
Lets focus on the legal issues shall we..? biggrin

kiethton

14,668 posts

211 months

Friday 16th November 2012
quotequote all
Could it be attributed to something else that is now been overseen, un-used holiday pay entitlement?

Jazzy Jefferson

Original Poster:

728 posts

172 months

Friday 16th November 2012
quotequote all
kiethton said:
Could it be attributed to something else that is now been overseen, un-used holiday pay entitlement?
No, its simply an over payment.

blindswelledrat

25,257 posts

263 months

Friday 16th November 2012
quotequote all
It doesn't matter a jot what her contract says about methods of recovery. Legally she owes the money back. There is absolutely no grey area.
A contract is to pay her X for doing Y. They have paid her extra for doing no extra hence it is legally recoverable

anonymous-user

85 months

Friday 16th November 2012
quotequote all
That is correct. The pseudo-legal answers about contractual terms above are pure rubbish.

The OP's girlfriend must pay back the money.

Simon Brooks

1,527 posts

282 months

Friday 16th November 2012
quotequote all
They will need to rerun the payroll as she will have only been overpaid by the net amount

Sir Bagalot

7,109 posts

212 months

Friday 16th November 2012
quotequote all
OP.... Boot on other foot. Let's say she got underpaid by 8 hours.... would she be wanting the money?

Fer

7,778 posts

311 months

Saturday 17th November 2012
quotequote all
swerni said:
Sir Bagalot said:
OP.... Boot on other foot. Let's say she got underpaid by 8 hours.... would she be wanting the money?
morally or legally? wink
You're not helping. :-P

Marcellus

7,210 posts

250 months

Saturday 17th November 2012
quotequote all
I'd be inclined to ring the previous employer up and ask them to explain final payslip as it might not be an over payment.

I'm thinking holiday... Does your average employee get something like a day a fortnight on average?

Lauryn

68 posts

223 months

Saturday 17th November 2012
quotequote all
About 7 years ago I was overpaid by a small amount, they cottoned on and wrote to me asking for it to be paid back, then a few weeks later they 'recalculated' it and suddenly it was more, and then again a few months later. I never paid it back and never heard a word. It can cause problems though and for 8 hours I would return it to avoid any hassle.

scirocco265

421 posts

207 months

Saturday 17th November 2012
quotequote all
She has a legal obligation to return under the 1996 Theft Act (as amended) Section 2, pertaining to dishonestly retaining a wrongful credit.

Simples.

Jazzy Jefferson

Original Poster:

728 posts

172 months

Tuesday 20th November 2012
quotequote all
Thanks for the help smile

Countdown

49,519 posts

227 months

Tuesday 20th November 2012
quotequote all
Simon Brooks said:
They will need to rerun the payroll as she will have only been overpaid by the net amount
Unlikely. They will just do the correction in the following pay period (assuming she pays).

Countdown

49,519 posts

227 months

Tuesday 20th November 2012
quotequote all
Just to confuse matters smile

If the employee could have reasonably assumed that the pay was correct and has spent it she would not have to repay (principle of Estoppel applies)

PureEmploymentLaw said:
In some situations employees may be able to argue that they should not be required to repay the overpayment. This is based on a very old legal concept called ‘estoppel’. There are three main points that are relevant to estoppel in this context, which are:

1) The employer must have done something which led the employee to believe the money was rightfully his (or hers).

2) The employee must have “changed position”, which usually means that they have spent the money.

3) The overpayment was not the employee’s fault.
http://www.pureemploymentlaw.co.uk/2011/03/15/overcoming-overpayments/

callyman

3,196 posts

243 months

Tuesday 20th November 2012
quotequote all
If she left the job on good terms, then pay it back.

If she left on poor terms , then pay it back.......in 5p coins. biggrin

Edited by callyman on Tuesday 20th November 18:21