Can My Employers Deduct An Overpayment From My Earnings Without My Permission?

[RATTER15]

My employers have over paid me by about £700. I didnt notice the overpayment as it was during a period of 3 weeks off coupled with me working 21 days on the trot and the company changing the way they pay us so it all got a bit confusing and I didnt notice they paid me extra.

Now they want it back, I understand that they have the right to have it back but can they just deduct it without my permission, it was their screw up so I want some say in how much is deducted from my wages on a monthly basis.

[RATTER15]

//Google is your friend (and does not come with snide comments)// So we no longer need Answerbank?

Baldric, give it a rest, now you are just irritating.

[237SJ]

That`s not true dieseldick. They can ask for it back and there is no time limit to that, either.

[RATTER15]

No Dielseldick, not really that simple if they just deduct it from my next months wages.

[Baldric]

You might find the links informative Ratter, be honest I no longer care what you do with them!

And the snide remark was not from you

[TWR]

I remember a poster that used to ask for help in the Motoring Section of this site, I can also the advice / help that was often given to this poster regards his car, I can also remember going out of my way to help this poster that now has forgotten the help / advice that people give this poster with his car, it seem with his / her attitude when help is asked in the future I will Iron my MOT'S?? as this poster indicated a Month or so ago, I'm sure, OH no, Oh Yes, I think this poster was called Bright Spark.

[RATTER15]

Baldric, If I got it wrong I do apologise, I just thought were just jumping on the bandwagon to have a go.

[RATTER15]

Lol TWR :-)

[TWR]

Ratters, easy solution, have a word with your employers & come to a conclusion that will not break your bank but pay the money back. End Of.

[RATTER15]

TWR, that is what I am doing now. I think they will be reasonable.

[TWR]

Good on you, a chat normally works & also gets rid of stress / unnecessary tension.

[BRIGHT SPARK]

Sorry to sidestep here Ratter but...TWR what are you going on about and when did you ever give me any car advise(date and time please)

[Peter Pedant]

I think it is all down to negotiation Ratter

I know this is a worrying time for you - and I think the only band wagon is - "bad luck old fella, damned glad its not me !"

[thugulike]

You have to sign your agreement to a repayment otherwise it is an illegal deduction from wages in under The Wages Act. There is a defence to re-payment which is equitable estoppel but it isn't an easy one to win

[Peter Pedant]

This is quite useful

http://www.unison-scotland.org.uk/briefings/overpay.html

[Peter Pedant]

well here is a bit about equitable estoppel
but it is American ( same legal system )

and I am not sure if it of use

[thugulike]

Ratter if you want to know the answer ask someone who knows. That is knows rather than thinks they know or just have an opinion. Trust me I know what I'm doing. If you want to claim Equitable Estoppel you have to show that it was reasonable for you not to have noticed the overpayment. If you have a regular income each month then this is difficult to prove but if your income changes then that makes it easier. You need to show that you spent the money on every day living expenses and not on a luxury item. Mr thug was once overpaid and he wrote to his employer to tell them. Lazy HR assumed he was thick and hadn't noticed it was the same month as his annual increment. Of course he had, the overpayment was considerably more than the increment. They never noticed and he legally kept the money. You MUST sign before any deduction can be made and before signing you can negotiate the period over which it is repaid. That's if you don't claim equitable estoppel.

[RATTER15]

Thanks for all your help guys, I had a letter from HR today with their proposition that I am happy with.

[thugulike]

Good news Ratter. I trust the big guys are well?

[RATTER15]

thugulike, yes the big guys and gal are fine, just Keeva is in season so causing the boys a bit of grief.

[thugulike]

If you need any help with this you can find me on FB (JP and mastiffs should do the trick)