Top Man wrote:
> On 8 May, 10:53, David wrote:
>> On 8 May, 06:55, "Top Man" wrote:
>>
>>> 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!!!
>>> TM
>> An interesting and potentally complex issue which hasn't as yet been
>> at all adequately answered - but what's new !!
>>
>> Generally, a person making a payment under mistake of fact may be
>> estopped from pursuing recovery of the overpayment. For this to
>> happen, three conditions must be satisfied. First, that the payer (the
>> employer) in some way represented the payment was actually due to the
>> employee. Secondly, the payee must show that this inaccurate
>> information led him to believe he was entitled to the money. Thirdly,
>> the payee must show that because of the mistake, he changed his
>> position in reliance upon the payment so as to make it inequitable for
>> him to repay the money (Chitty on Contracts, 25th Edition, para 1961).
>> This may well be the case with you and you might well politely warn
>> them to avoid deducting the overpayment on these grounds.
>>
>> Unless your contract of employment specifically gives the employer the
>> right to deduct from your pay any overpayments made in error your
>> employer cannot lawfully do so and it's just a civil debt and possibly
>> not enforceable for the above reasons.
>>
>> But if your contract does - and many do - it's much more complex but
>> still probably worth trying to rely on the above, although your case
>> would be much weaker.
>
> Well to explain further:
>
> I am a teacher in a school and obviously paid as such. I do training
> for students for which the school pays me a fee per student for
> training them (not part of my contract) I usually get the payment
> twice a year, in February and July.
>
> In early February I received a letter saying that I would receive the
> payment (it was higher than normal (about £400) but I just thought
> that the rates had gone up). The payment was added to my normal salary
> in February.
>
> Yesterday I am told that the payment was in error (due to a mis
> payment to the school from the University from which the students come
> and that other staff should have received a proportion of the payment)
>
> I have been informed that my payment due for July will not be
> forthcoming (even though I am doing the extra work!) as the school
> needs to recoup the overpayment? I was however told that the extra
> payment made in February was 'legally mine'!!! So if it is 'legally
> mine' then why are they trying to recoup it?
>
> So should I seek further advice on this matter??
>
On the face of it it appears to be a simple error which you will have to
repay.
I presume a pay rate was agreed prior to you doing the work and that
they mistakenly paid you above this rate. e.g you agreed a fee per
student and they mistakenly assumed you had trained more students than
you had.
If you had been diligent you could have noticed the mistake and would
have pointed it out to them.
This does not appear to be a case of the employer promising you a higher
amount in order to misleadingly entice you into doing the work. If this
had been the case it would have been fair for you to keep the money.
> TM |