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Subject: Re: Told I've been overpaid Posted on: Fri, 9 May 2008 10:03:00 +0100


"Joe Lee" wrote in message
news:4823b042$0$26090$db0fefd9@news.zen.co.uk...

> The letter may have been a mistake on their part. You are not entitled to
> keep an overpayment as a result of an error made by your employer.

Err...yes you are - sometimes, anyway (unless the law has changed recently).
If you are overpaid as a result of a mistake made by your employer AND you
had reasonable grounds to believe the amount received was correct AND you
have already spent the money (and would therefore suffer hardship paying it
back) then the employer may not reclaim the money - it's the same with
excess balances in bank accounts.

In this case the employer seems to have sent a letter advising the employee
that he will be paid more in this month, giving rise to a reasonable ground
for believing the excess payment was genuine. The employer then compounded
his error by overpaying. The employee could have quite justifiably regarded
this bonus income as his, and spent it on a new plasma TV, Northern Rock
shares, a cruise around Jupiter or just treated himself to a new satin
basque, gimp mask and fresh pink velvet covers for his handcuffs. Under
these circumstances the employer must suffer the consequences of his own
mistake and is NOT entitled to claw the money back without the employee's
prior consent. It should go without saying that the employee would be rather
foolish to GIVE such consent.

The union/CAB/ACAS will be able to give authoritative advice.

PDR

> You need to work out for yourself whether you have been overpaid or not.