Overpayment in wages

[hotlips1]

I wonder if anyone can help me and my work colleagues. We are carers in the community who get paid the 13th of each month. People who worked Christmas Day and Boxing Day were paid their normal hourly rate. People who worked The Monday and Tuesday after last Christmas got paid the Bank Holiday rate. Yesterday we were all given a letter saying our wages were wrong for these 4 days. People who worked Christmas and Boxing Day should have got the Bank Holiday rate and those who worked the Monday and Tuesday just their normal hourly rate. Apparently it is company policy that they do no recognise extra Bank Holidays decided by the Government. We were told to look in staff handbook. Can t6hey take away money they have already paid ? This is what we would all like to know. Some say they can and some say they can't. Any advice would be appreciated.

[ljdksa]

I am also a Home carer and our company had the same dilemma. In the end, they paid double for xmas/boxing day and bank holiday rates on the Monday/Tuesday. The difficulty was that the Council refused to pay them extra for xmas/Boxing Day as they were not Bank Holidays. However, they had to pay extra to staff, because it is stated in our Terms and Conditions.
I would get a copy of yours and see exactly what you should be getting. However, I think you do have to pay back any overpayment:-(

[mccfluff]

yes, they've made a mistake and have advised you accordingly. some compnaies will be flexible about repaying the money though

[factor-fiction]

Yes, they can take back the money overpaid in error, although I think it's good practice to give notice and maybe recover it over 2-3 months if hardship could be caused.
Regarding the comment "Apparently it is company policy that they do no recognise extra Bank Holidays decided by the Government ", there is no legal requirement to make enhanced payments for these bank holidays, and many employers now such as retailers just pay normal rates.
And your employer does in fact recognise bank holidays in that an allowance will be made for them in your holiday entitlement calculation.