Overpaid by work

[Dajstar]

I have recently left my job to start another job, as it happened i finished on the day i broke up for 2 weeks holiday and what happened is i got paid for the 2 weeks holday and then got a letter saying i have overtaken my holiday allowance and i have got to pay them back �192 !!

Have i got to do this by law ??

Thanks in advance.

[happyjo]

Hi D

Sorry, but yes, they are entitled to reclaim any money overpaid to you.

I would speak to them and try to negotiate a repayment plan, this way it looks like you are making an effort. If you ignore this they can simply make a claim for the amount in full.

Jo x

[ojread2]

According to my friend who works in a Payrol dept, the firm have no legal right to gain it back right away. They would have to take you to court. She says is is a common error that people think they can have it back, no quesitons asked. She said keep it, she would!

However, my reply to her was, that that was dishonest and as you weren't expecting the money you should pay it back immediately, in full on Monday

[JRB]

In general I totally agree with the replies. However according to a lawyer I spoke to on this subject there are some grey areas, mainly depending on the time between the overpayment and the claim to have it back. If it can be proved that the person overpaid might have honestly accepted the money in good faith (through a genuine misunderstanding) and had already spent it then there is a chance that the courts would find for the defendant. This is not a licence to withhold money generally. In this situation you might be expected to know that you had already had your holiday pay and that this was an error.