Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
So you agree that you were genuinely overpaid?
Hi sorry I was offline by the time you had replied. Were the deductions itemised on your payslip and was that issued at or before the time the ay was due?
Thank you. Under the Employment Rights Act 1996, employers are automatically able to deduct any overpayments made to you from your wages. So if you were genuinely overpaid by them, they can deduct this money from your subsequent pay. In terms of notifications, the law requires any deductions to be listed on the pay slip and the rules regarding that state that “An employee has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement.”
So your main argument here would be that you were not provided with the pay statement at or before the time the payment of wages because you were off sick and if they had sent the statement in work, you would not have been there to receive it. Therefore, they should have made arrangements to either deliver the statement to your address or provided it electronically to ensure that you received it in time before the pay was due.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have to challenge this and take it further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. As mentioned, an employer is obliged to provide an itemised pay statement under section 8 of the Employment Rights Act 1996. A failure to do so could give rise to an employment tribunal claim. If the tribunal finds that an employee has not received a pay statement, it must make a declaration to that effect. Compensation is only possible if the tribunal finds that any unrecorded deductions have been made during the 13 weeks immediately before the employee's application to the tribunal. So the failure to provide a payslip in itself will not give rise to compensation, but making unrecorded deductions would. In the circumstances I would push this internally, such as to raise a grievance with the employer to complain about the failure to provide you with the payslip in time, resulting in no knowledge of the deductions
yes of course, you do not have to go out all guns blazing from the start - you can speak to them informally first, and then you have the grievance procedure as a more formal approach. That could result in a change to their policies in these circumstances but there is no guarantee of that
You are welcome, all the best