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