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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are they asking you to repay the amount they claim to have overpaid you by or re they just stopping future payments at this rate?
Hello, not sure if you saw my initial query above - Are they asking you to repay the amount they claim to have overpaid you by or re they just stopping future payments at this rate?
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Thank you. A verbal agreement can be just as legally binding as a written one. The only issue there is that in the absence of any written evidence it can just become one person’s word against another’s. It does mean that there would then be no guarantee that the party who is actually in the right will succeed in applying their rights.
What you have working in your favour is the fact that following these discussions you claimed for the 3 hours for 3 years and this was not challenged and was paid without protest. Whilst that does not guarantee that the discussions took place as claimed (after all the payments could have been made in error and it is not uncommon for employees to be paid incorrectly for years before it is realised), it does provide some evidence which is more than what the employer may be able to show.
So you do have rights to take this further if needed and you do have evidence which will support you case, it is just that this was as a result of a verbal agreement which means there will always be risks that a court may not find in your favour due to the lack of concrete evidence.
This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to take this matter 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
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Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
There is nothing stopping you from suing but at the same time no one can guarantee what the outcome would be. As mentioned there will always be an inherent risk due t the lack of evidence and this being your word against theirs. So this is about risk management – you have to consider what the potential repercussions of you taking legal action are against what you are hoping to get in return. For example, they could consider terminating your employment and blacklisting you from their industry as far as their influence stretches. That is morally wrong but not illegal. It is not unlawful to blacklist someone just because they have taken legal action against a company. So that is why I mean that you are entirely within you rights to make a claim and try to pursue what was genuinely agreed, but often it is not as simple as that and there are many other factors at play which must be considered in the overall picture. Does this clarify?
You are welcome, best of luck.
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