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Overpayment of salary

Discussion in 'Pay and conditions' started by chicabonita, May 5, 2011.

  1. chicabonita

    chicabonita New commenter

    I've been overpaid for three months because between my school and the HR department at Shire Hall, it seems someone dropped the ball and didn't pass on the start (and finish) dates of my maternity leave, which I supplied back in October.
    I now have to pay back the money at the time when my salary stops and I go onto SMP only- so we're going to struggle.
    Can they enforce this repayment? It was their fault after all!
     
  2. chicabonita

    chicabonita New commenter

    I've been overpaid for three months because between my school and the HR department at Shire Hall, it seems someone dropped the ball and didn't pass on the start (and finish) dates of my maternity leave, which I supplied back in October.
    I now have to pay back the money at the time when my salary stops and I go onto SMP only- so we're going to struggle.
    Can they enforce this repayment? It was their fault after all!
     
  3. DaisysLot

    DaisysLot Senior commenter

    Yes, they can.
     
  4. chicabonita

    chicabonita New commenter

    Huh! :-(
     
  5. DaisysLot

    DaisysLot Senior commenter

    You could ask if this can be staggered or suspended until you go back to work on salary.... though as you are on maternity leave this may be too long for school to wait if you are off on extended leave, and they may view this as a risk should you change your mind about returning to work at all.
     
  6. Presumably you were aware of the overpayments and sensibly put the "extra" money to one side in the anticipation of it being returned to your employer.
     
  7. chicabonita

    chicabonita New commenter

    When I still got paid, I thought I'd misunderstood the T&Cs of maternity leave. I haven't had a lot of time or inclination to worry about it or investigate to be honest, what with a new baby and all. I just assumed that people would be doing their job so that I wouldn't have to worry...
    Some of it. Saving for the anticipated lean times ahead! But as I didn't realise it was a mistake on their part, not all of it.

     
  8. There are situations in which the money would not have to be repaid. An employee would need to demonstate three things to avoid repayment.;
    Firstly, it must be shown that the overpayment was the fault of the school and not the employee. Secondly, it must have been reasonable for the employee not to know that they were being overpaid. Thirdly, the employee must have acted to their disadvantage or the assumption that the payment of salary was correct (for example by spending the money!).
    In this case the second condition means that OP is unlikely to have a case for keeping the money.
     

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