my sister has been overpaid by her job for two years and they now want approx ten thousand pounds paid back. Can they do this.
2007-02-02 00:33:03 · 18 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
Yes. Mistake or not, it's not her money. She should have told them there was a mistake - don't tell us she didn't know she was being overpaid by five grand a year!
2007-02-02 00:58:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Did she know she was being over paid? if yes and she has admitted to her employer that she knew she was being overpaid and did nothing about it then i think they can ask for thier money back as she was knowingly accepting money that she knew was not hers! If however she has done what i would do and keep my mouth shut and act oblivious and just say ' i was not aware, i didnt know i was being overpaid, after all i dont work in accounts and dont know how the pay system works', i doubt that there is much they can do. Phone ACAS. Remember 10 grand to a company that doesnt even notice its gone must be able to afford to lose it, but your sister cant, she must look out for herself even if it does mean acting a bit ignorant.
2007-02-02 00:51:28 · answer #2 · answered by rose 3 · 0⤊ 0⤋
A similar thing happened to one of my friends, she left a company and they continued to pay her for a couple of months after. In her case they was allowed to take the money back but on her terms as it was their mistake. She said she would pay them back £40.00 per month for so many years. I think your sisters best bet would be to contact citizens advise and see what they say. Hope this helped a little bit.
P.S A good website that may answer her question is www.direct.gov.uk
2007-02-02 00:45:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They can ask for it back and are entitled to it, however it would unreasonable to expect it back as one lump sum. What they can suggest is that your sister agrees to an agreed sum being deducted from her wages at source. If your sister ten decides to leave the company then they can demand the a lump sum payment.
Sorry but your sister should have been aware of the overpayment.
2007-02-02 00:45:00 · answer #4 · answered by ragingmk 6 · 0⤊ 0⤋
Pay it back at the same amount per month, that your sister was payed, stretched out over two years, problem solved, and tell your sister to tell her boss that he/she is a **** for getting it wrong in the first place.
2007-02-02 00:46:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it could be argued that she has a duty of care to tell them when she first spotted it.]
however it could also be argued that once you have been employed without a contract for 6 months you are deemed to have one, and this would count as a "contractual change" therefore after 6 months they is screwed, and cant take it back.
depends how much she wants to keep the job.
2007-02-02 05:06:47 · answer #6 · answered by alatoruk 5 · 0⤊ 0⤋
If the mistake had occurred on one pay slip they could have said it was a mistake of some sort but having been payed at a certain rate for two years makes it a regular wage....tough !!
2007-02-02 00:37:42 · answer #7 · answered by talkingformydog 4 · 0⤊ 1⤋
They cannot do this in the US! The person who said that was misinformed. Have your sister get a lawyer! I don't think they can, it was 2 years. That just sounds wrong.
2007-02-02 01:58:25 · answer #8 · answered by Julia B 6 · 0⤊ 0⤋
They certainly can. Also as it is a large amount they could decide to go to a solicitor if she does not pay or they might write it off - each company is different. I suggest she go to the CAB they can advise her.
2007-02-02 00:44:00 · answer #9 · answered by Ms Dee 4 · 0⤊ 0⤋
OMG,thats horrendous,how can they do that?
I dont know the answer to this but someone will,the poor girl,I hope they cant do that to her.
ACAS are a good thing to phone about employment matters.
2007-02-02 00:37:36 · answer #10 · answered by Pat R 6 · 0⤊ 1⤋