Wages Issue

[Butterfly17]

I have been overpaid by my employer and they want the money back. They are demanding �599.00 (!!!) per month over ten months. They say they will take the money from end of April. Is it up to date that in the Wages Act, you are only obliged to pay money back if it is a 'miscalculation'? If so, what for the purposes of the law, defines a 'miscalculation?? My overpayment is due to them entering the wrong hourly rate of pay for weekend working (BUT my basic pay rate, any other allowances remained correct). As the employer entered that rate of pay for that specific section of pay and paid me at that rate, is this really a true 'miscalculation'??

[anniebird]

Yes this is a miscalculation. As they are taking �599 each month for ten months you have been overpaid by almost �6,000. I suggest that you must have been aware of the overpayment and so you are legally and morally bound to repay in full. Your employer is being fair in wanting repayment over 10 months.

[Mamjet]

Stop trying to worm your way out of it and pay up. If you had any sense you'd have put the overpayment in a high interest account.

[Loosehead]

The wage act, set up for the minimum wage etc, does not override the general tennet of the law in all of these sorts of "errors" is that and error does not mean fortit. If you left your wallet in my house would I be entitled to keep it?

Think yourself lucky that you are being allowed to repay the money over 10 months. There is a good case for theft in this case should they be minded to prosecute. Are you really saying you did not know you where being overpaid?

[bednobs]

agree with the others. it is a mistake on their part but it dosent mean you are entitled to the money. If you accidently put the wrong account number down when paying in 6000 pounds and it ended up in my account, would you really expect me to keep it? Like them, you would have made an honest mistake and you would expect it to be recitifed. The only possible thing you can do is ask for more time to pay, if it's going to put you in severe financial hardship...
You dont say how long this error was accumulated ove, but didnt you realise?

[thugulike]

If you had told them you thought you had been overpaid and they carried on then you may be able to claim equitable estoppel. You have to have spent the extra cash on every day items rather than on something special. How did you not know you were overpaid?