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Overpaid Salary?

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Hello all, my OH is in a somewhat of a predicament...


Basically she opened her pay slip on Tuesday to find she had been overpaid by about £1200 :smile:


Prior to this she had no notice of any up and coming pay rises so thought this was a mistake. She proceeded to phone the HR/Payroll department of her employer (a local authority) who assured her that there was no mistake and she had been subject to a back-dated pay and grading review. Now after the luck we have had she couldn't believe this and spoke to two other people in the same department who said the same....


All was well until she went into work the following day and discussed it with her line manager who in turn discussed it with his manager. The end verdict of this was that the pay review was not 'fair' and should not have happened.


On doing a bit of digging my OH has found out that quite a few of her colleagues have been subject to the same pay and grading review, a review that took about 1 year to complete and consisted of many appeals and board meetings. We have now recieved a letter in the post from the HR department outlining the reasons for the pay review, notification of the backdated pay and the increased salary going forward.


Now the question is (sorry for the long post leading up to this) is should the senior manager mentioned above decide that the pay review was wrong and set in montion the decrease of her salary to what it was before, can they


1. Ask for the money paid this month back (about £1200)

2. Take it from next months (or any other subsequent months) pay packet (bearing in mind we have notification of the review in writing)?


Thanks in advance guys and sorry again for the long post.

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If the HR department has sent an official confirmation of the pay review and the amounts, this now forms part of the contract. I can see no legal cause that they could wiithdraw it.


I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.


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