wrote in message
news:dba18d72-1f23-47f4-9d20-fdf707990444@p25g2000pri.googlegroups.com...
On May 10, 6:34 pm, Cynic wrote:
> On Sat, 10 May 2008 02:32:13 +0100, "Joe Lee"
> wrote:
>
> >>> 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.
> >Surely the last condition does not hold true in this case.
> >There is no requirement to pay it back other than working a number of
> >hours
> >in lieu of it - & here it should be borne in mind they are not his
> >contractual hours, but what the OP terms as "extra hours".
> >IMO the OP has _in effect_, been paid in advance of work done & therefore
> >has sufferred no loss, indeed he has gained a benefit in the form of
> >payment
> >in advance of work done.
>
> If the income from additional work is sopmething that the person has
> come to rely on, then the removal of that money has the same impact as
> a reduction in salary. The overpayment cannot be regarded, post-fact
> as an advance payment because it would at the time have been regarded
> by the employee as a windfall and therefore may easily have been spent
> on a luxury rather than saved for use to pay future living expenses.
>
> --
> Cynic
Nope this was a one off payment of 400 quid.....it was not a 400 quid
repetitive payment, he got it once and spent it, he never queried why
he didnt get it twice, at best his claim is for expected monies but he
never asked why the payments did not continue, hes stuffed, his best
bet is to plead hardship and expections....
No the extra payment for this job comes in February and July (usually) I got
a letter in February saying telling how much I was going to be paid (as I
always do) However, the payment mentioned in the letter this time was about
£400 more that normal. I just assumed the rates had gone up.
It was only a few days ago that I was informed that they'd made a mistake
and that the July extra payment would not occur (despit me doing the work
for such payment)
TM
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