Thread: Where do I stand ?

Originally Posted by scoirish1

Sorry for the long post.

I work for a major utility company.

18 months ago I moved,after applying,from a shift position to a day shift position at another site.
At the time of interview I was told that my wages would not change.
My wages remained the same, and i did not give it a second thought.

Today i received a telephhone call from HR stating that I have been overpaid shift allowance for 18 months and that they want it back.This equates to in excess of £8k.

I was gobsmacked,and argued my position.
I was therefore told that I should never had been paid shift rate for a dayshift position, and it was not in my new contract.
This I had received and returned without properly reading,as we were in the middle of moving house.

My wages have been checked many times over in the last 18months,as I had to move house to be able to undertake my new role, and no problems were ever raised.

I do not have the money to pay back, and feel that I shouldn't have to as I was unaware of this. and it is completely down to my employers error

Please advise on where I stand with this and whether I need to pay this money back ?

Thanks for any answers. Scoirish1

I'm afraid that if you have been overpaid (even through their error) they are entitled to have the money back under all but the most exceptional circumstances. I think the test is whether a reasonable person could assume they were fully entitled to the money. If you think this is the case then you should probably take legal advice.

You are quite entitled to ask them the explain why this has happened and provide detailed calculations. Obviously you can then debate any points you don't agree.

It is also reasonable to ask to pay over a period of time. After all if they took you to court and won you would only be ordered to pay at a rate you could reasonably afford.

Originally Posted by scoirish1

Sorry for the long post.

I work for a major utility company.

18 months ago I moved,after applying,from a shift position to a day shift position at another site.
At the time of interview I was told that my wages would not change.
My wages remained the same, and i did not give it a second thought.

Today i received a telephhone call from HR stating that I have been overpaid shift allowance for 18 months and that they want it back.This equates to in excess of £8k.

I was gobsmacked,and argued my position.
I was therefore told that I should never had been paid shift rate for a dayshift position, and it was not in my new contract.
This I had received and returned without properly reading,as we were in the middle of moving house.

My wages have been checked many times over in the last 18months,as I had to move house to be able to undertake my new role, and no problems were ever raised.

I do not have the money to pay back, and feel that I shouldn't have to as I was unaware of this. and it is completely down to my employers error

Please advise on where I stand with this and whether I need to pay this money back ?

Thanks for any answers. Scoirish1

As mentioned in your initial post, you were told that your wages would remain at the same level, therefore you expected your payslips to show no difference.

You could argue, on the basis of this reasoning, that you are entitled to keep your wages.

See Keenan v Barclays Bank PLC, Ashford Employment Tribunal case ET 1100792/2009 for details...