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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did you know you were being overpaid?
no i was abroad
How much did they overpay you by?
Ben, did you receive my reply?
Only the one about you being abroad, not to my next question though
Hi are you getting my posts above?
Ben, I did nor receive your reply at the time. I have now logged on again and received it. They have overpaid me by approximately £10,000.00 but I haven't checked the invoice that they have sent me as yet.
Thank you. If someone has genuinely been overpaid by their employer, then that is not money to which they are legally entitled and it should be repaid.
However, an employee may be able to use the legal defence of ‘estoppel’ to resist an employer's recovery of an overpayment. One of the main cases dealing with this is that of County Council of Avon v Howlett. The employee was a teacher who was paid more sick pay than he was entitled to. The teacher queried the overpayments with the employer but was assured they were correct. By the time the Council had realised their mistake, the teacher had spent most of that money. The Court of Appeal held that the defence of estoppel prevented the employer from recovering the whole sum of the overpayment.
The way estoppel operates is that if the following conditions are satisfied, then an employee should be able to use it as a defence to resist the recovery of an earlier overpayment:
So whilst there is nothing stopping an employer from pursuing a claim to recover an overpayment, if the above conditions are satisfied then an employee could raise the defence of 'estoppel' and prevent the claim for proceeding any further.
Thank you for your advice
you are welcome
i can't seem to click the box "excellent service"?
Apologies for that, there is a bug we get sometimes, we can process it manually later, thank you