Anonymous asked in Politics & GovernmentLaw & Ethics · 1 month ago

My ex-employer "overpaid" me and wants it back, despite them still owing money to me? what should I do?

So, I was being paid on a weekly basis at a company and recently changed employers (though I still work at the same company). For whatever reason, my old employer paid me 1 week extra (40 hours). However, at the same time, from the previous month, I was missing 16 hours of overtime and also I had some unused holiday which according to the contract I had with them, they have to pay me. The amount they should've paid me is more than the amount they "overpaid" me, yet they sitll requested I pay them back. I tried discussing this with them but they still demand I pay them back.... What should I do?

This is in UK.

6 Answers

  • 1 month ago

    You owe the overpayment back.  The money you have not been paid is a separate issue.  

  • 1 month ago

    you need an employment attorney or solicitor.  However, I suggest that you do the right thing -- makes sleeping easier at night -- granddad

  • Anonymous
    1 month ago

    Submit, in writing and keep a copy, a detailed breakdown of the overtime pay and pay in lieu of holiday you are owed and how this exceeds the overpayment and send it to the person responsible for employment matters at your old company (HR in a large business). Not paying you or crediting you the overtime pay and pay in lieu of holiday would be an unlawful deduction from pay in employment law. Contact Citizens Advice (presumably this can be done online), or your trade union representative if you are in a union, if it is not resolved.

  • The law in the UK is that a one-off overpayment caused by a mistake can be reclaimed.  Work out exactly what you are due since the beginning of the tax year, and what you have been paid. Set this all out in a letter and ask them to pay you the shortfall.  Make sure you keep a copy.  They will probably just go quiet on you.  However, if they attempt to take you to court to repay what they think they've overpaid you, you have a defence and counter-claim ready.

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  • 1 month ago

    Get them to confirm in writing that if you repay the 40 hours you were overpaid they will then pay you the overtime and holiday pay. Or agree in writing that if they pay you the overtime and holiday pay you will then repay the 40 hours.  Whichever way works.

  • 1 month ago

    Did you get a payslip for the missing overtime? (ie was it acknowledged but not paid; or not acknowledged)

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