Hi

I did some work temporary for a company from October - December 2016

Today they have sent a letter saying it has been discovered that I was overpaid on my January pay by £435.70 and they want it repaid as it states in my contract 'if an administrative error has been made on pay, the company reserves the right to recover the overpayment'

I asked for a copy of my signed contact showing this. They have sent me what looks like a standard contract template with my name in and wrong start date. I then went back and asked for the actual signed contract with my signature on and dated (which I know they don't have as I never signed a contact) to which they have replied 'We do not hold a signed copy on file for you as we didn't receive one'

I asked for payslips too as they were online and I cannot access them as now an ex employee. Payslips show they have underpaid my holidays be 3 days and also missed off 12 hours of overtime...

Also if I am to pay this or some of this back where do I stand on tax and ni as I have paid those based on the full payment?

Looking for some advice before going back to them

Regards

Richard

dont be in a hurry to do anything until you have all the figures to hand.

So, no contract- doesnt mean you cant owe them money but they cant quote it to say that you are obliged to repay the money as a thing called estoppel may be relevant. Other than that it is simple contract law and the hours you worked and the rate of pay will determine any overpayment or not

You are entitled to copies of your pay slips. You may have to do a SAR to get them if they refuse to make them available. You should also have a P45 to show the total pay, NI, Tax ect from that employment alonmg with your tax code they used and the tax office they report to. Dont admit the possibilty that you owe them money at this stage, just ask for the information so you can respond appropriately later

If you have been underpaid for holidays and overtime calculate exactly how much as this can be offset if you do owe them money and it isnt estopped.

so write to them asking for all of your pay details for your entire employment period to check against your records (even if you dont have any). If you dotn have a P45 ask for that as well, statutory requirement