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overpayment

Discussion in 'Pay and conditions' started by suzey, Feb 18, 2011.

  1. Hi I'm after advice. I hope someone can help me.
    I had a maternity teaching position from May to December but was employed through an agency.
    The agency confirmed by email the daily rate. At Christmas I got a letter telling me I had on 5 of those weeks been overpaid by £20 a day. This was news to me as I had no reason to believethe pay rate to be wrong as this was what I had always been paid.
    I sent numerous letters and emails with no reponse querying why those dates and why the rate was different. Today I have been told that all the weeks are wrong and I owe £20 per day for all weeks. I am sure the error is theirs not mine.
    My question is this: Can the agency take the money without it being agreed it is an error? What action would you take?
    I would appreciate someone replying as I feel really annoyed about this!
    Thank you
     
  2. Hi I'm after advice. I hope someone can help me.
    I had a maternity teaching position from May to December but was employed through an agency.
    The agency confirmed by email the daily rate. At Christmas I got a letter telling me I had on 5 of those weeks been overpaid by £20 a day. This was news to me as I had no reason to believethe pay rate to be wrong as this was what I had always been paid.
    I sent numerous letters and emails with no reponse querying why those dates and why the rate was different. Today I have been told that all the weeks are wrong and I owe £20 per day for all weeks. I am sure the error is theirs not mine.
    My question is this: Can the agency take the money without it being agreed it is an error? What action would you take?
    I would appreciate someone replying as I feel really annoyed about this!
    Thank you
     


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    Fortunately for you the agency has no way of taking the money directly from
    your account, If the amount agreed in the e-mail is the same as the daily
    rate that you where paid then there is no case to answer, just send them a letter
    (via recorded delivery) stating that any further letters demanding payment will
    be considered harassment and you will be seeking legal advice and contacting
    the school involved to inform them of the poor way in which they (the agency)
    run their organisation. May also be worth writing in the letter that if you do
    not hear back within 14 days then you will consider the matter resolved,
    remember to keep copies of all correspondence both written and electronic.


    If it they have paid you an amount above that which you agreed then it would
    be worth contacting your union or CAB about where you stand with regards to
    having to repay the amount you have been overpaid.
     
  4. Piranha

    Piranha Star commenter

    I'm not a legal expert, but I would say that if you were offered an amount by email and were paid it, then you were entitled to it and they can't claim it back. They only have a claim if they paid you more than was agreed.
     
  5. tafkam

    tafkam Occasional commenter

    I would contact your union for their advice on the matter, also.
     
  6. Thank you for your responses.
    Yes the rate agreed by email was the same as I had been paid.
    Regards
    Suzey
     
  7. In that case print out their e-mail and post it it to them, stating amount paid paid to you was the amount agreed in the e-mail from xxxxxxx dated xxxxxxxxx. This is part of your contract of employment, You may also wish to contact the school that employed you to complain about the way in which the agency are treating you, if nothing else this may make the school think twice about using the agency in future,
    I would also start charging the agency for £10 per letter that you have to send to them and threaten them with county court court action if they don't stop chasing the unowed money as they will now owe you money. This may make them stop and think as a county couty judgement will prevent them from getting credit!
    If this is a large agency make sure all future correspondance goes to their Head Office, or if it is a small agency address letters to the owner/proprietor.
     
  8. As above, if they agreed the wrong amount with you then that's there fault.
    As well as the email confirming the rate, did you not sign some sort of contract with the agency? What is stated in that?
     
  9. "their" ... not "there"! Grrr! I will give myself a detention for that!!
     
  10. I did sign a contract but do not know where it is. I will go and find it! Just suppose it is different to my emailed agreed amount which would be considered more important?
    The agency have deducted some money from my pay already. Are they entitled to do this, even though I haven't agreed to it?
    Thanks again for replies.
    Suzey
     
  11. Suzey,
    I believe that an employee has to agree to deductions being made from their salary, unless you have already agreed to the repayment of overpayments in the contract you signed with the agency. I would advise that you contact the agency and state that while you are in dispute with overpayment in regards to the longterm supply that they must refrain from deducting money from your wages. You need to find your copy of the signed contract to see if the amount of pay is different from the e-mail, however the e-mail on its own is enough to form the basis of a contract. I do think that you now need to contact your union to seek legal advice on where you stand, as this is more specialist that what we mere teachers can offer from our own experiences.
    Good luck.
     
  12. Thank you. I appreciate the time spent reponding and I will now contact my union.
    Regards
    Suzey
     

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