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Hanrahan

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  1. Just thought I'd post the out come of this for anyo0ne else who happens to go through a similar thing. Fortunately for me, without even mentioning an Estoppel defence, simply because they had confirmed my salary in the email. They've written off the full amount Should anyone else find themselves in this situation I hope it works out the same for you. Regards, H
  2. I'll be sure to check out the case mentioned above. Looking at it quickly there are similarities. Most pertinently from my point of view is that in both cases, either directly(the email received by myself) or indirectly(Barclays confirming salary for mortgage application) the salary has been confirmed as being correct. Thanks H
  3. Hi Many thanks for the quick repsonse. The overpayments started as soon as I switched to the 4 day week which happened to occur at the same time as various other contractual changes such as using the childcare voucher scheme and a merit increase as a reult of promotion. In all honesty I'd have to look at my bank statements again to get specific details. All I can say without checking though is that they all happened within a months period of each other. Thanks H
  4. Hi Folks, 18 months or so ago my work was kind enough to let me switch to a 4 day working week for childcare purposes. At approximately the same time, I was promoted, started using the chiildcare voucher scheme and received a pay rise as a result of the promotion. All in all my new salary would be anyones guess. A couple of months into this 18 month period, it seemed to me that I was being paid too much. Even with a salary increase and tax break from the childcare voucher scheme, after switching to a 4 day week, it seemed my salary should have been lower. As a result I contacted Finance/HR. To my suprise they confirmed that my salary was correct. But who am I to argue, I really didn't know how all the above would affect my salary. Ultimately the response I received read as follows (Names removed to preserve anonimity) Hi ******* Having taken a look at payroll for September 08 - it would appear that your salary was reduced to reflect your 4 day week and that your childcare vouchers were processed at the same time. Everything looks OK. Kind regards, ******** I've now returned to work 5 days. Shortly after returning my manager has told that it's been discovered I was being overpaid. Strangely, as yet they have said they want the money back, it was almost like they were expecting me to say. Sure, here it it, have it all. Anyhow, my initial response was obviously to dig out the above email and politely explain that I no longer have the money. I'm fully expecting them to now request the money is returned to them. After reading this website and others initially it looked like the law was on their side as by rights it's their money. However further reading has made me aware of this being an Estoppel case due to the email I mention above. Without going into too many details a brief definition of Estoppel would be as follows "A rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper." At the moment if I have to pay the money back it feels as though I'm being hit twice. Having bugeted for future childcare etc based upon the salary figure they've confirmed. Should I have to pay the money back as I'll not only, not be geting the expected salary increase for returning to a 5 day week but will infact be even worse off if they start making monthly reductions. As I said at the start, they haven't yet made their intentions clear but I'm fully expected them to request the money back. Can someone confirm where I stand and if I could indeed claim an Estoppel defence. Many thanks H
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