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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My employer has overpaid me and has forced me to sign an agreement

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My employer has overpaid me and has forced me to sign an agreement to pay back. The overpayment occurred even though I queried the wages when I received them, their answer was that they would sort it but took months to do so. I have been paying back lump sums per month (in excess of £100) which has left me very short of money and I have now given my notice as I have a new job and my employer is demanding the full amount back and is likely to take all my wages for the next month. I dispute the validity of the overpayment as I queried to start with and I cannot afford this repayment. Can I refuse to pay and defend this in court? My wages have been a shambles since I was employed there, do I have the right to ask for a copy of my personnel file and for full details of all the wages I have been paid and what I amdue so that I can establish where the amount comes from as I believe this is maladministration. Thank you
My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

How much was the overpayment? Do you accept that you received it by mistake?
Customer: replied 4 years ago.


Hello Andy

I can sense your frustration and understand your position clearly.

Unfortunately, however, the law is not on your side. The money you received was by mistake and under the principle of 'unjust enrichment' it will have to be repaid. Even though you have been messed around by your employer, if this matter went to Court the Judge is likely to rule against you.

Insofar as repayment is concerned you ought to raise a grievance and ask for more time to pay. I suspect, however, as you are leaving the company that they will want their money back before you leave.

I'm sorry if this is not the answer you were looking for but as a solicitor I have to tell you honestly and objectively what the legal position is. That is after all what you have paid for.

Hope this helps.

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