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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hello. I've recently retired as a registered nurse, from a

Resolved Question:

Hello. I've recently retired as a registered nurse, from a hospital I've worked at for 35 yrs. Through managerial mismanagement and stupidly, me not checking my payslip, after a forced change of hours, I've been informed I've been overpaid £2,000 for the past 2 years and have to pay it back. I'm horrified that this has come at this stage in my life, as I'm now going to be living on a pension. The union have been no help. Is it worthwhile fighting this and the hospital trust, to at least pay half the amount or should I just pay monthly instalments til cleared?
Thankyou
Sally
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes :

My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Alex Hughes :

Do you know how/why this overpayment came about?

Customer:

Management decided to change all the hospital hours , so instead of working 10.55 hours a night I worked 10 hrs. As I was only doing 3 nights a fortnight my weekly hours changed from 16.3 a week to 15 hrs. two years ago. I thought that as they were so insistent on the change of hours the contract would automatically change accordingly. My letter from management, quote "the overpayment did occur and this was not noticed either by yourself or the Ward Management. Nevertheless an overpayment has been made and needs to be recovered"

Alex Hughes :

OK understood. sadly

Alex Hughes :

Sadly you are not entitled to keep the overpayment regardless of who made the mistake. The payments amount to "unjust enrichment" i.e. that you have no legal right to the money. The best thing to do in the circumstances is to discuss a repayment plan with your employer.

Customer:

Thought I'd give it one final enquiry anyway.

Customer:

Thankyou

Alex Hughes :

My pleasure.

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