Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. At the time you received and spent the money did you realise it was an overpayment and they could ask for it to be repaid?
I didn't know at the time and even now I'm not certain that I have been overpaid.I believe that the company paid me exactly what they had said they were going to pay me and have scripted evidence of this
Ok thanks in that case you can rely on the a common law defence which says that an overpayment is not repayable in the event that the money has been spent by the employee in good faith
The defence is legally known as estoppel and simply if you can show that this is the case, which on the basis of what you say you can, the employer cannot reclaim or deduct the money.
I would suggest that you inform them that this is your position and ask them not to deduct the money or require it to be repaid.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.
You say that I inform them that this is your position and ask them not to deduct the money.but add or require it to be repaid.this sounds contradictory, should this not be,and require it not to be repaid.
Hi technically that is a double negative but that is a gramatical issue not a legal one. To be clear you should say that they should not deduct it or otherwise require you to pay it back as legally as you can rely on the defence there is no right for them to ask for you to pay it back.
Hope that clarifies matters.
If you have any further questions please do ask.