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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47375
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been made redundant and have not yet got my redundancy

Resolved Question:

I have been made redundant and have not yet got my redundancy payment. My employer is asking me if i want them to take an overpayment of salary from the redundancy money? can they take the money?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were you previously overpaid by the employer?
Customer: replied 2 years ago.

Hi, they are saying that they have overpaid me for march. My salary was normal, the only thing it could be is that my sick pay had run out.

Expert:  Ben Jones replied 2 years ago.
Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:{C}· If it is legally allowed (e.g. to deduct tax);{C}· If it is to recover an earlier overpayment of wages made by the employer;{C}· If their contract specifically allows for the deductions to be made; or{C}· If the employee has given their explicit written agreement for the deductions to be made. So if you were genuinely overpaid, the employer would be able to deduct that amount from your pay. You need to check whether you were actually overpaid and you have the right to ask the employer to provide you with details of any deductions they are about to made and what they are for. But of the overpayment was actually done the employer is legally entitled to deduct these from your pay, even if it mean a reduction in your final payout. I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

I have had my final pay. I am in the 14 day period in which they have to give me the agreed redundancy amount which is set out in a settlement agreement. Can they deduct this overpayment from the agreed redundancy amount in the agreement. from the 30th april i am no longer their employee.

Expert:  Ben Jones replied 2 years ago.
OK I see so you had a settlement agreement in place? If that is the case they are required to pay you what is owed under that agreement. The agreed sum would have been based n the circumstances at the time it was agreed, including any pending overpayments. So if the employer had overpaid you, then they should have taken that into account hen negotiating your settlement because that sum is a full and final settlement of all claims arising out of your employment with them. The only time they would potentially be able to claim it is if you had misled them for example or if you gave them certain warranties in the agreement saying you did not know of any overpayments at the time, when in fact you did. Hope this clarifies things a bit more?
Customer: replied 2 years ago.

Thankyou. If they dont give me the amount set out in the agreement, will they then be in breach?

The agreement was signed before the letter saying they had overpaid.

Expert:  Ben Jones replied 2 years ago.
Yes it would amount to a breach of contract, something which could be pursued in the county court if necessary
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