Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I will try and keep this brief. I have been overpaid by my employer BUT i did not know that i had been until 5 weeks later. I had just started the job and they messed up my wages and did not pay me for three months. I was then told i would receive an emergency payment and then my normal wage. This was received but no pay slips and no contract of employment with my wage on were issued. I had no idea if the money they had paid me was correct or not.
This month i once again received another sum of money that i knew for certain was not mine as i had only worked one day (i am casual staff). The company in question have now invoiced me for the money they have overpaid.
Does anyone have any idea where i stand legally. The first amount of money i reasonably believed was my wages and i have now spent it. Help
There is statutory right in sections 13 & 14 of ERA 1996 for an employer to recover an overpayment of wages from subsequent wages.
An employee would have defence of 'change of position'. If acting upon their overpayment in good faith you have indeed changed your position e.g. put a deposit down on a new car.
I think the change of position argument is merely a reflection of the equitable defence of estoppel.
Obvioulsy good practice would be for your employer to meet with you and negotiate an affordable repayment plan.
As you are so new, and you admit you have been overpaid perhaps you should do this. Although I would point out to your employer that a pay slip should be received by an employee.
Tell your employer that they should produce a clear schedule in order that you can see exactly what has been paid, or indeed overpaid, and from this you can agree a mutually agreeable repayment schedule.
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I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.
Overpaid But Not Contracted Please Help
by my employer BUT i did not know that i had been until 5 weeks later. I had just started the job and they messed up my wages and did not pay me for three months. I was then told i would receive an emergency payment and then my normal wage. This was received but no pay slips and no contract of employment with my wage on were issued. I had no idea if the money they had paid me was correct or not.
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