i was off sick from work for 5 weeks in which my employer overpaid me my wages including ssp. they have now taken the overpayment in full leaving me no wages. what is my legal right against my employer as they took this without agreement from me.
2006-07-26 05:28:14 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You have no legal right. If you are wrongfully overpaid, the employer has the right to take back the overpaid wages, just like you would have the right to get back wages from your employer if you were underpaid. You did not earn those wages and they belong to your employer.
2006-07-26 05:32:41 · answer #1 · answered by Jenny A 6 · 1⤊ 2⤋
If your in the UK the employer cannot just take the money from your wages, this is an unlawful deduction of wages.
The employer would need to notify you there was an overpayment and ask you to repay the overpayment, unless there is a recovery clause in your employment contract. If there is a recovery clause in your contract it has to be very specific and you would have had to have signed that clause for it to be effective.
Even with a recovery clause the employer would still have to ask you "how you intend to repay" i.e. how much each week/month you want to repay from your wages/salary.
2006-07-26 05:43:04 · answer #2 · answered by Nick B 3 · 1⤊ 0⤋
Hi. This is called an unauthorised deduction from wages and you can take your employer to tribunal for this. They should have informed you about the overpayment and agreed some kind of deduction by installment with you.
You need to raise the issue as a grievance first so you should now put this in writing to them asking them to repay what they have deducted. If they refuse and you decide to apply to tribunal you will need an ET1 form. Go to your local citizens Advice Centre for assistance with this. You only have 3 months to apply to tribunal. Good luck.
2006-07-26 08:48:49 · answer #3 · answered by Valli 3 · 0⤊ 0⤋
Well, it's a bit mean of them to not give you any warning perhaps, but they are well within their rights to recover an earlier overpayment. At least they aren't claiming interest on the time that the money was in your bank account rather than theirs.
2006-07-26 05:34:00 · answer #4 · answered by nige_but_dim 4 · 0⤊ 0⤋
Contact the citizens advice bureau, but im fairly sure they cant leave you with no wages because it will cause you hardship.
They were at fault, they must come to an agreement with you to recover the monies that wont cause you problems.
* Ive just read the other posts, they are complete garbage ( esp. the git from the U.S ) , it was their fault, you certainly wont be charged interest, they should have a repayment plan that suited you , contact CAB just to confirm*
2006-07-26 05:33:48 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Did you notice that your checks were substantially bigger they were supposed to be?
If you are feeling harassed contact your US Senator or Congressman. Usually their offices are willing to mediate or suggest a way to reconcile your concerns.
You will have to repay the over payment possibly with interest. However, for them to garnish repayment in full seems like they have overstepped their rights and violated yours,
2006-07-26 05:35:37 · answer #6 · answered by Active Denial System™ 6 · 0⤊ 0⤋
I disagree with the other post. Your employer made the mistake. Now they can get rid of you but They cannot take it back without your permission. They should have set up a paymet plan for you. If you have direct deposit, they ABSOLUTELY cannot touch it without your permission.
2006-07-26 05:34:56 · answer #7 · answered by The Answer Guy 2 · 0⤊ 0⤋
Jenny is correct - an overpayment is not a bonus...
2006-07-26 05:34:12 · answer #8 · answered by ceprn 6 · 0⤊ 0⤋
It's their money! You should have told them they'd overpaid you!
Sorry, but that is the legal stance, maybe not fair, but what is in life?
2006-07-29 13:26:26 · answer #9 · answered by ridcully69 3 · 0⤊ 1⤋
they do have the right but should of notified you in advance and agreed that the stop a small amount each pay day
2006-07-29 03:51:40 · answer #10 · answered by juicylucy 3 · 0⤊ 0⤋