Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long ago did they make this payment and are they now wanting you to repay it in full?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. If someone has genuinely been overpaid at work, the employer may rely on the common law remedy of restitution based on a mistake of law or fact to recover the overpayment in the civil courts. Restitution attempts to prevent the unjust enrichment of the worker at the expense of the employer.
The best way forward is to advise the employer that you are willing to pay it back, be clear on what you can afford and how long it will take to repay the whole amount and remind them that they won’t get a quicker resolution if they reject your proposal and take you to court – they will just be wasting their time and money and you will still only be able to afford what you have offered them and in the circumstances it is the best solution which they should really be looking to agree to.
Does this answer your query?
No it wouldn't, the position is the same
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you
All the best