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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70333
Experience:  Qualified Solicitor
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My employer has paid me double on some days without telling

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My employer has paid me double on some days without telling me so I have to work beyond my contracted 38 weeks per year as I now owe them days. I stumbled upon this information, there is no prior agreement or consultation
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: My new manager discovered this
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: We are a very small preschool of 6 employees run by a committee of volunteers who are basically our employers and HR.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: This system was set up by our previous manager who told us to claim the days on the overtime sheet because they were paid from a different budget.

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.

What do you specifically want to know about this, please?

Customer: replied 7 months ago.
Customer: replied 7 months ago.
Can they force me to work the extra days by claiming they have already paid me even though I had no idea it was happening?

Many thanks for your patience. How long have you worked there for?

Customer: replied 7 months ago.
10.5 years

Thanks and how long has this practice been ongoing?

Customer: replied 7 months ago.
The days they've been double paying are inset days and we've only had them for about 2 years

Thank you. If they have paid you more than what you were due and this was done without communication or any workplace policy allowing them to do that and expect you to owe them in return, they cannot expect you to do so. There has to be a policy about this or you must have been informed about it in some way. However, they can instead treat it as an overpayment, which technically it would be. So they can deduct the money you were overpaid with as they have the legal right to do so. I would therefore push for them to allow you to repay the money you were paid in these cases. Over a period you can afford, but not be forced to work extra for it which is not allowed under contract or any other policy.

Does this answer your query?

Customer: replied 7 months ago.
Not really, why do I have to pay them back if they did this without any consultation with me to make me work beyond my contracted weeks? I've read about this on the work and pensions website and they say they can make me pay it back if it's a simple overpayment mistake, but it's not.

because it is still money you are not legally entitled yo, whether it was done deliberately or not. It does not make a difference if it was a mistake or not, in the end it matters whether you were due the money or not

Customer: replied 7 months ago.
That doesn't seem right as an employee? My contract says I work 38 weeks and I'm happy to comply, can they really do this to manipulate my contract? Isnt that breaching it?

But you can refuse to be ‘manipulated’ in this way as you cannot be forced or expected to work the extra hours and would instead just have to repay the money., You cannot have it both ways unfortunately – you either keep the money and agree to do the hours, or you return the money and are left in the position you would have been had they not paid you.

Your arguments are based on ethical grounds rather than legal ones

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

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 7 months ago.

All the best