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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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an employee who worked in my company and was in charge of

Resolved Question:

an employee who worked in my company and was in charge of payroll/bookeeping has been billing me over double the agreed weekly hours, i have just discovered, and not completing tasks. Can i claim overpayment back from them?

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You describe this person as an employee but you also refer to being billed over double the agreed weekly hours. I take from that that this person is a self employed book keeper. If that is the case then this a contractual issue rather than an employment law issue.
The person has breached the contract with you by overcharging so, yes, you are entitled to recover the amount overpaid as the work wasn't done in accordance with and charged in accordance with the contract and the agreed hours.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thanks for your answer. The person involved was employed, not self-employed. However they charged me for over 20 hours per week overtime, for the past 6 months which I have only just discovered. I would appreciate your feedback before I leave yours.

Expert:  JGM replied 2 years ago.
Not quite as straightforward then!
Who was in charge of the employee and therefore authorised the overtime?
Customer: replied 2 years ago.

Well she had a managerial position and we trusted her (we being my husband and I, directors of the company). My husband constantly reminded her verbally and written to stick to agreed 25 weekly hours. We didn't check as we trusted her. She finally produced her past few months hours worked to show average of 45 hours per week. As she was in control of paying other staff wages she had the ability to pay her own wages too. The other element is that although she was on payroll and employed by the company she did not have a signed contract. Many thanks for your advice

Expert:  JGM replied 2 years ago.
If this employee has paid herself more than was agreed by you and your husband you are entitled to reclaim the overpayments. This would also be a disciplinary matter. Assuming a proper investigation you could dismiss for gross misconduct.
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