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LEA 'recovering overpayment' of mat.pay without my consent?

Discussion in 'Pay and conditions' started by 54321stopmakingsausages, Jan 8, 2011.

  1. Hello. Would really appreciate some advice on this. Have contacted union, but in the meantime thought I'd post here.
    During maternity leave LEA contacted me to tell me they'd overpaid me by £1000 approx. There have been many conversations and back and forth since as they have changed the amount/added more/said it's less etc, to the point where I am totally lacking in any faith they have the figures right.
    This week I received another email quoting a new figure owed (£900). The last conversation I had with HR manager at LEA (in November 2010) I asked her to assure me (which she did in writing) that no monies would be taken without my permission. I checked my pay slips to try and make sense of the latest figure they have sent me and noticed that in March 2010 (admittedly before I spoke to he re not taking money without my permission), they had taken £580 and cited 'recovery of overpayment' next to it on my payslip.
    What I'd like to know is:
    can they legally do this?
    due to their total ballsing up of this whole thing can I attempt to get them to write off any overpayment?
    is their a financial advice section of NUT who can look through payslips etc to see whether I do actually owe them any money and if so how much? It has been virtually impossible for me to work out if and how much I owe due to the complicated nature of maternity pay, plus the fact I went through threshold which they failed to pay me for initially, plus the fact it seems they have actually already taken some money.
    Many thanks in advance.
  2. Torey

    Torey Occasional commenter

    I had legal advice and due to my contract they could reclaim the money. However, they should have arranged a repayment plan. I'd contact your union and ask them if there is anyone who can help sort out how much you owe.
  3. tafkam

    tafkam Occasional commenter

    They can normally reclaim money, but there are some exceptions of cases where you can prove that you could not be expected to know that you've been overpaid, and that the money has been spent already, that they can't do so. But the rules very rarely work in the employee's favour.
    I do think chasing up the union advice is the most important thing.
  4. Torey

    Torey Occasional commenter

    I had a letter proving that it was their mistake, but it made no difference legally.
  5. Your employer (and the Law) will take the view that you have a responsibility to know how much you get paid each month. If you are a F/T employee it should not vary by more than a few pence.
    Thus, you should have realised you were being overpaid and not spent the money, etc etc.
    Having said that, any reasonable employer would take it back in easy stages. As well as your union, go back to the LA officer who you have been dealing with and see if he can help.
  6. Which is, of course the point of this posting!
    What if your pay was short, would it be okay for them to not make payment?
    I thought not !
  7. Actually pompous person (you answer your own question which is actually doubly pompous in these parts), this has been going on for over a year, and if you re-read my op you will see that they have failed to give me a definitive amount/have chopped and changed during this time. I ask because I am interested to know my rights and am not a thief despite your best efforts to portray me as one.
    Thanks for your 'help'.
  8. Yes, I could see this point had I not been on mat.leave and therefore had a variety of different amounts paid over the months, plus the fact that they were back-dating threshold which also made it very difficult to work out how much money I should have received. Thanks for your advice.
  9. Thanks coppull. Hadn't thought about the interest. I am still waiting to hear from union, but will certainly pursue.
  10. Crowbob

    Crowbob Lead commenter

    They were wrong to do this without trying to come to some arrangement first. However, I cannot help but feel that at least you have now paid back £580...Considering you have only just noticed, it doesn't seem it put you in financial difficulties. So, rather than arguing over whether they should have done it, why not consider it a nice reduction in the sum owed.

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