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Re: Told I've been overpaid Posted on: Thu, 08 May 2008 08:51:31 BST

Rob graham wrote:

> "Top Man" wrote in message
> news:68fitoF2sdkg3U1@mid.individual.net...
>> At my workplace I do extra training work with students for which I get a
>> small amount of money extra.
>>
>> In February I got a little more more than normal (about £400) but this
>> was covered by a letter from my employer telling me that I was to receive
>> this higher amount a few weeks before.
>>
>> Yesterday I was told that my employer made a mistake and the amount paid
>> should have been what it normally is!!! They will recoup the extra pay by
>> not paying me for the extra work I do until the money is repaid.
>>
>> Is this legal? After all I have a letter from them saying that was the
>> money to be paid to me and that's what I got!!!
>
> They made a mistake. Are you not allowing them to put it right? If you'd
> made a mistake would you expect the 'victim' to be obdurate?
>
> If a bank paid you someone else's money would you expect to keep it?

In normal circumstances, you'd be quite right. A mere *administrative*
mistake such as a bank giving money to the wrong person, or an employer
overpaying someone as a result of an error in arithmetic, should usually
just be corrected immediately, since the recipient should not have
expected the extra money anyway.

This case does seem a little different, though. Here the chap was
told in advance that he was going to get a bonus, and then he was in
fact given it. It was *not* a simple mistake, but a serious one.

You can't just go and tell someone how marvellous they've been and
to expect a reward, and then give them the reward, and later tell
them you've made a mistake and they're not really as marvellous as
all that and could they give back the reward please.

I think in *this* case, unusually, in the interest of good staff
relations, the employer should write off the loss and consider it
"punishment" for having made this serious mistake [which presumably
was that they really meant to reward a different employee, which of
course they should still do], and to consider themselves lucky if
the OP generously agrees to give back *part of* the dosh.
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