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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60512
Experience:  Qualified Solicitor
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I was on long term sick, 3 months in fact, my company

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I was on long term sick, 3 months in fact, my company overpaid me the first month. At the time I was unsure this was a mistake the amount was £1284.00, with out any warning they recovered it the following two months, leaving me with nothing the second month, and only £63 the third month. I understand they have the right to recover, but to not inform me of the mistake and to leave me with no money, surely this is a breach of they duty of care. Can you advise please
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have had a chat with HR but the wages department is in a head office, away from our site, and nobody there seems very helpful they just tell me to talk to HR and HR have to talk to Payrll
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I don’t belong to a union, but i am an employee, have been for over 4 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: NO

Hello, my name is Ben, I am a qualified lawyer and I will be assisting you with your question today.

What would you like to ask about this please?

Customer: replied 5 days ago.
Employee recovering overpayment and taking it back without having informed me and leaving me with no money the following two months
Customer: replied 5 days ago.
No this is fine

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. You are correct that the employer has the legal right to recover any overpayments as that is something they are entitled to do under the Employment Rights Act 1996. However, at the same time they owe you an implied duty of trust, which exists in every employment relationship. This would have expected them to communicate with you about the proposed deductions and perhaps discuss with you what is a reasonable amount to take from your pay to ensure that you are not left without money to meet basic outgoings like bills, food, mortgage, etc.

 

Simply proceeding with the deductions and obviously leaving you with an unreasonable amount is not fair and it is a likely breach of trust. On that basis you can raise a formal grievance with the employer to formally complain about their actions and to force them to look into this and come up with an agreeable solution.

 

Does this answer your query?

Customer: replied 5 days ago.
As I thought but thank you for clarifying this for me

All the best

 

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