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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69287
Experience:  Qualified Solicitor
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My employer has just told me that due to an error by payroll

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Hi my employer has just told me that due to an error by payroll I have been over paid by £2500 in total between aug and Sept 2019. I understand that they can ask for the money back but what is class as reasonable payments to pay it back as currently it will cause be problems if they expect me to pay to much back per month
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No not yet they only told me this afternoon
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Full time employee and I'm not in a union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think of

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for this employer and have they specified an amount at all?

Customer: replied 7 months ago.
I have worked for them 3 years 9 months and its approx £2500

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.

In addition, the employer has the legal right to deduct any overpayments from your wages, without your previous consent.

Saying that, they must still ensure that they act in a way to preserve the implied term of mutual trust and confidence, which exists in every employment contract. This basically means that they must always act fairly and reasonably. In this case, that would require them to ensure that the deductions are fair and not so large as to unreasonably place you in a difficult financial position. So they should approach you to discuss your current position and to see what you can reasonably afford and finalise an amount which is fair to both parties and it repays them without unnecessarily placing you in an avoidable financial position.

Does this answer your query?

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 7 months ago.

All the best

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