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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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hi left my job on 8th may2014 after handing in a written notice

Resolved Question:

hi left my job on 8th may2014 after handing in a written notice and working a 1 mths notice out. on the 23rd may i recieved a letter stating that overpayments had been made from 17th april2011 to 31st march 2014 . I started this job on the 17th april 2011 meaning that every payment made since day one has been incorrect , due to a error in payroll .
Since every month has shown excalty the same on payslips and having this happen right from the beginning there was no way of me ever spotting this mistake.
i Replyed to the overpayment letter stating that currently i am no longer under contract to them and untill i have sought advice i do not wish under dectuctions to be made , i was due to be paid today and they have only paid me 8 pounds the payslip does not say why. i rang payroll to find out why to be told all of mays wage , plus the outstanding overtime due from feb, march and april have all gone towards the overpayment but the balance on the payslip still states the full amount owed
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer:

hi :-)

tdlawyer :

Hello!

tdlawyer :

Okay. So just to be clear: the only deduction from your wages was from the final payment once your contact has ended, is that right?

Customer:

Yes thats correct the entired months

tdlawyer :

Okay. And do you accept they've been overpaying you since day one?

Customer:

i accept that it is possible a overpayment was made , but i have payslips from 2011 up till i left that all payments read the same so there was no clues this was happening so no way i could have know about them

tdlawyer :

Okay. You do make a fair point. Did you ever query the payments made to you or did the employer ever say anything that made you believe that the payments made from the outset were correct and not an overpayment?

Customer:

there have been disputes about my overtime which sparked the intition contact ith payroll as overtime has been outstanding for serveral months but i did have my deput mangnager at the time look over slips that said they were correct , payroll could see the mistakes over overtime and then all of a sudden 3.500 pounds worth of overpayments

tdlawyer :

Okay. Then you should be able to rely on what is known as a "change of position" defence. This means that even if they were wrong, and thus the employer is normally entitled to take the money back on the final payment, then you would say in this case, he cannot do that, because you have "changed your position" on the basis of the representations made to you that they were in fact correct when you disputed them. As such, you budgeted accordingly and spent accordingly.

Customer:

i should meantion that the company has recently gone into a 45 days consulation period, and due to me only working their for 3 years , when offered another job i accepted

tdlawyer :

So are you still employed there now, albeit in a new role?

Customer:

no i left the company on the 8th of may after severing written notice in april

tdlawyer :

Okay, then I don't think this changes the position about the principles to be applied to your case.

Customer:

in my contract it did say about overpayments coming out of wages, but they contacted me about them on the 23rd may so am i right in thinking i am no longer bound to the contract and had expressed in written until i had seeked advice no deduction where to be made ?

tdlawyer :

They can always take a deduction from the final payment - even if the contract does not say so.

Customer:

ok , what do u surguess i do going forward to argue this ?

tdlawyer :

The argument you had, then reassurance the figures was right, is a good point to focus on. This is where the "change of position" defence comes into it. They assured you it was right - that's important.

tdlawyer :

Tell them this, see what they say, and if you get nowhere, you have 3 months to being an unlawful deductions from wages claim against them in the employment tribunal.

tdlawyer :

You would get too a hearing very quickly, perhaps in 4 weeks or so of lodging your claim in the tribunal.

Customer:

ok great thank you for your time its been a great help thank you

tdlawyer :

You're welcome. Can I just check whether you're happy with the service?

Customer:

im very happy thank you , you recomfirmed everything i had said in my email as legally correct as i though it may have come under chane of position given the dates they had provided

tdlawyer :

Great. Thanks for your question and I hope you sort this out!

Customer:

me too lol thank you , bye :-)

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