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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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My employers have overpaid my basic past 7 months,

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Hello, My employers have overpaid my basic for the past 7 months, and have given me a gross figure to pay back. Do I have to pay back a gross figure? I work on commission as well as period bonuses, which differ quite considerably on a monthly basis. My role changed around that time and I have not had a new contract to reflect that either.
Thanks, Jon.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for and did you know you were being overpaid?
Customer: replied 1 year ago.

Hi Jenny, Just over a year now. No I did not realise, I went from Manager in a small store to Asst. Manager in a larger store. I was aware that I would have a lower basic but the business sales commission increase and the fact we hit bonuses as well I didn't question the Net Figure. I am guilty of not reading the pay slips as unfortunately have a habit of looking at the right hand figure and not how it got there. The system for bonuses and commission is not the easiest to decipher how you got the figure, to be honest.

Expert:  taratill replied 1 year ago.
Have you spent the money?
Customer: replied 1 year ago.

Yes, on a monthly basis not noticeably large enough to ring alarm bells, unfortunately it happened over Xmas as well.

Expert:  taratill replied 1 year ago.
well the basic position is that overpayments are repayable, there is an exception to this under the law of estoppel which says that if the employee did not realise there was an overpayment and spent the money in good faith then the employer cannot recover it.
I would suggest you tell the employer that you consider that this applies and tell them that on that basis you are not prepared to repay the money.
They cannot deduct from your salary unless you expressly agree to it.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.

Thank You Jenny,

That is very helpful.Sorry to be a pain, If the worst case scenario occurs, would I have to pay back the gross amount?

Jon.

Expert:  taratill replied 1 year ago.
I think you would.
You would be able to get a tax refund.
You should not be made to pay it all back at once. The employer should organise an affordable repayment plan.
Customer: replied 1 year ago.

Thanks Again.

Have a great Day.

Jon.

Expert:  taratill replied 1 year ago.
No problem, please do remember to rate my answer. Thank you and all the best.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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