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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73811
Experience:  Qualified Solicitor
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My last working day with my former employee was 21st April

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Hi, my last working day with my former employee was 21st April 2021, I received my final pay slip 30th April 2021 along with my salary. I have now received another payslip dated 31st May, for minus £1221.36 , and an email advising me that I owe this money, as during Jan, Feb and March, they did not pay me correctly. I have tried to work out from my payslips what they are talking about however, my payslips make no sense, can you offer me any advice please?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: As I have left the company HR will no longer assist, and no i haven't spoken with lawyer
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long had you worked for this employer and are you paid a salary or an hourly rate?

Customer: replied 6 days ago.
Hi Ben, paid salary, just over 2 years
Customer: replied 6 days ago.
Hi Ben, I am actually phoning on behalf of my daughter , I can pay for you to call me that's not a problem and I have all of my daughter information, are you able to discuss this with me or would you need to speak to her direct.

The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with.

Has your daughter's former employer provided a breakdown of the amount they claim she has been overpaid?

Customer: replied 6 days ago.
I can send you copies of her payslips, p60 etc if easier

No I will not require these. I just need to know if your daughter's former employer has provided a breakdown of the amount they claim she has been overpaid?

Customer: replied 6 days ago.
they have send over a breakdown, however, it really doesn't make any sense. Neither do the payslips. During Feb- to here leaving on March, she was absent with sickness, and also was paid SSP we have copies of the fitness to work letters, here employer has advised that absences/deductions has been made late in Jan, feb, and March which resulted in them issuing another payslip for May. They are asking for a total of £1,221.36

Thank you. Please do not worry and leave it with me for now; 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.

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 6 days ago.
Many thanks Ben

Hi there, as mentioned, if someone has genuinely been overpaid by their employer, they will likely be responsible for repaying some, or all, of that money. The employer can rely on the common law remedy of restitution to recover the overpayment. That attempts to prevent the unjust enrichment of the employee at the expense of the employer.

Whilst the employer can make direct requests to the employee for repayment of the money in question, there is no legal obligation for such a request to be accepted, or even acknowledged. However, it is of course recommended that you do and the first thing is to ask for a detailed and specific breakdown of proof of the overpayments so you know whether there is a genuine overpayment or not, which will determine how you approach this next.

If it is clear she was overpaid, she can then approach them to discuss a repayment by instalments, based on what she can afford, on the basis that it is not her fault she is in this position and she cannot genuinely afford a lump sum payment.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.