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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 59734
Experience:  Qualified Employment Solicitor
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A company that we used to work for accidental paid a sum of

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Hi, a company that we used to work for accidental paid a sum of money to us, we thought this was some sort of back payment and have used the money. We want to pay it back but can only do it over 4 payments. Where do we stand on this?
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: We have had a solicitors letter and have spoken to them about this and are waiting on a call back but just wanted to know how to go about it
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: We’re a contractor
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No that’s it thanks

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?

Customer: replied 3 months ago.
The payment was in April and yes they want full payment, we obviously want to pay it back but just don’t have it to hand at this point in time

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?

Customer: replied 3 months ago.
I think so, we are obviously not employees though as we are contractors. Would this make a difference?

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

Customer: replied 2 months ago.
thanks thank you

All the best

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