Overpayment in wages

[Eastender]

Hi Can anyone please give me some guidence in overpayment of salary. I have been left a letter with my time sheets that, there seems to have been an over payment for the last 3 months in my salary. So they have decided in there judgement to deduct the whole amount out of this months salary? I thought that there should be no deduction until the disagreement has been settled. I have been trying to get in touch with the owners of my workplace, but to avail. We have a manager, but she does not get involved with any wages. Thankyou

[ubasses]

http://www.payroll-he...-of-wage-overpayment/

If you read the above site it looks like they have the right.

[factor-fiction]

If the amount is fairly small- say less than £100- then it's probably not unreasonable to take it in one go. But if it's a lot more then although there is no law about it I think a good employer should be prepared to let you spread the repayment over 3 months. I hope you can find someone to deal with the problem. Do you have a union rep?

[ChuckFickens]

Yes they can take it and deductions due to overpayment of wages are exempt from the normal rules regulating deductions.

Face it, they are not actually deducting your wages, they've paid you 3 months early.

[Eastender]

Yes that is what I thought eddie, I do indeed dispute it. I am finding it very difficult to contact the owners who deal with the salaries. So it looks like, they will be taking it this month. Thankyou for replies

[pink-kittens]

I suppose, in theory anyway, if you have been over paid then the amount of overpayment should still be in your bank account?
Was it a lot of money?

[factor-fiction]

They must be pretty certain it was an overpayment as if it's not then it would constitute an unlawful deduction. I think it's likely they have got their facts right
Have they explained how the overpayment has arisen? Are you saying there was no overpayment at all or are you just questioning the size of the overpayment?

[milly143]

Pink Kittens, it might not be as simple as that. If she was on a flat monthly wage it might be obvious she was overpaid but as she mentions a time sheet, she might have only had a rough idea of what she would be getting paid and it wouldn't be so obvious if there was an error.

[pink-kittens]

I realise that Milly, which is why I used the word theory =)

[mrs_overall]

I'm still paying off an overpayment from a job I left 5 years ago. It was a four figure sum but paid over a very long time and it only came to light when they were calculating my final wage & holiday pay.
I argued that as it was their mistake I shouldn't be penalised by losing all my holiday pay & final salary.
I argued so well that they are allowing me to pay it at £5 per week. I can afford to pay it off but I won't on principle

[thugulike]

They have to have your written permission to take the overpayment from your wages. Failure to do so is an unlawful deduction of wages and you can make a complaint to Employment Tribunal under the Wages Act, Breach of Contract

[factor-fiction]

Is that always the case, thugulike? Is this a deduction or just a correction?For example if my employer accidentally paid everyone twice I'd have thought they'd be entitled to take the money back by not paying us next month or by reducing pay over a few months. Getting everyone to sign something would seem impractical.
But I agree that if Eastender disputes the overpayment they should listen to his concerns first and set out the calculation.

[thugulike]

It's laid down in The Wages Act that any deduction other than the normal Tax/NI pension must have the employees written agreement.