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Wages overpayment reclaim by employer (it's complicated) advice please


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I'm hoping for some advice please..... here is my scenario exactly as it is:

 

I work as a Lunchtime supervisor, in April I received a letter saying I had been receiving too much salary for a few years and given the option to accept the new salary/hours and that no claims would be made on these overpayments... I agreed to the new terms and was told that a new contract would be drawn up for me to sign with the new hours/rates.

 

Since then I have received nothing........ until............... Last Friday, I was told that SINCE MAY 1ST an overpayment on my salary had been made and they were deducting the full amount from this months wages! Now I know they are not going to reclaim ages before the letter I received BUT............ I have still not received my new contract with adjustments so am still on the old contract on the higher wage.

 

How do I stand legally about this...? Do I have to repay this amount as I'd verbally agreed to the change? Or do they need to have informed me in writing and provided me with the new contract BEFORE they made the adjustment to my wage?

 

I would appreciate any help asap as I have been called into a meeting with the "business manager" on Monday to discuss the matter - and I don't want to be bamboozled by them :-) Thank you so much.

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I'm hoping for some advice please..... here is my scenario exactly as it is:

 

I work as a Lunchtime supervisor, in April I received a letter saying I had been receiving too much salary for a few years and given the option to accept the new salary/hours and that no claims would be made on these overpayments... I agreed to the new terms and was told that a new contract would be drawn up for me to sign with the new hours/rates.

 

Since then I have received nothing........ until............... Last Friday, I was told that SINCE MAY 1ST an overpayment on my salary had been made and they were deducting the full amount from this months wages! Now I know they are not going to reclaim ages before the letter I received BUT............ I have still not received my new contract with adjustments so am still on the old contract on the higher wage.

 

How do I stand legally about this...? Do I have to repay this amount as I'd verbally agreed to the change? Or do they need to have informed me in writing and provided me with the new contract BEFORE they made the adjustment to my wage?

 

I would appreciate any help asap as I have been called into a meeting with the "business manager" on Monday to discuss the matter - and I don't want to be bamboozled by them :-) Thank you so much.

 

Did you know that you were being overpaid ?

 

If so, have you admitted to this ?

 

When you started the job, were you given a copy of your employment contract setting out the terms including hourly rates ?

 

If the hourly rate of pay has been increased since the employment contract was issued, have you received this in writing ?

 

Are you a member of a Trade Union or have access to a representative that can attend the meeting with you ?

 

How long have you been employed in the current role ?

 

Most contracts of employment allow the employer to reclaim overpayments, but i think you need to find out more first why this happened. Are other people doing the same job role being paid more ?

 

If you meet with the business manager on Monday, my advice is to say nothing and agree to nothing. Just say that you are using the meeting for the business manager to provide information, which you require to be in writing. You will then take independent advice about the situation, to ensure that any employment rights are protected.

We could do with some help from you.

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After the letter it was agreed verbally that we would all accept the new rates BUT we were and have been waiting for our new contract since April. We have had no communication in writing at all since then.

On Friday I was shown my next wage slip with £240 deducted (i am also a TA at the school) - I said " I don't think you can change the payments until we have received, signed and accepted our new contract with the new agreed hours and rates. I was in a panic and just said that. They offered to take the repayments over a number of months if i didn't want to repay in full. To be hones I hadn't noticed anything on my pay slip as I'd done overtime during these months and I wasn't expecting a change anyway until I'd had the new contract. It was a drop from 6 hours a week to 4 hours a week. No I am not in a union. I have been employed around 4 years in this role.

 

They have basically not given us a new contract yet, but changed the hours since we verbally agreed to a change back in April. I just didn't think they could just do that with no contract, and nothing in writing to say we'd agreed the new deal in theory.

 

Thank you for your reply :-)

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Think you are being treated badly and not in line with employment law as far as i understand it.

 

Never agree anything verbally. Get it in writing first from Human Resources.

 

If you search online ACAS has an employment advice helpline and they can be a useful source of information.

 

You may have to submit a written grievance to the Human Resource Manager. Suggest that you tell the business manager that you are not happy and to ask for a copy of the grievance process.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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