I work in the NHS. The trust is trying to change my contract and claim back apparent overpayment.?

Question

When A4C was introduced into NHS my management wrote a job description (JD) outlining my role. They were told to write the JD to list the skills and qualifications required if replacing us, not necessarily the qualifications we held (eg. someone in post for 20 years may not have a degree but had on job training, if replacing would ask for degree). Professional registration has just been introduced to our scientific field but my collegues & myself had not been encouraged to apply or told of its importance. The JD writen by my management listed registration as they would require it if they had to replace us. Management told us to sign the JD & accept the contract on this basis. 2 years later senior trust management realised we didn't have registration & said we were not eligable to this pay scale & that they wanted the overpayment back. As I accepted the contract & pay in good faith on guidance of my management surely they cant ask 4 money back, just give notice of change of contract.

Answer 1

The answer is as follows;

Assuming the facts you have outlined are accurate, your employer cannot require you to repay the 'overpayment' on the basis you have been placed on the wrong pay scale.

It's known as the doctrine of mutual mistake, if you're interested.

They can 'correct' or 'adjust' your pay scale in line with their policy regarding Registration and from that point (i.e. now) you would be paid at the correct (presumably lower) level.

Answer 2

If they have a right to ask for this overpayment back you also have a right to say it is paid back at an affordable cost to you, say £1 a month.
It is their mistake not yours.
Phone citizens advice

I found this link that might be useful to you. it looks like you should be able to keep the money as you spent the money in good faith and the overpayment was not caused primarily by
you

Answer 3

First my sympathy and thanks;which you deserve;as a worker within the NHS.....As to the problem you have encountered from your management,such situations are all to frequently apparent within to days NHS.due,in my opinion to the poor level of training and intellect of those placed into management at the majority of levels within the NHS.trusts.Contact your "union"immediately!!Good luck.

Answer 4

To be honest, I would not like that to happen to me.

If you are in a Union, then seek advice. Also, you can get free lagal avice from many high street solicitors (but subsequent visits may attract a high fee)

Hope it goes well for you.

Answer 5

This is not the sort of thing you can fight on your own. It is the sort of employer trick that unions were formed to counter.