Previous employer demanding cash

[Trojan]

Got home today to find a letter had come for my girlfriend from her previous employer, Centrica PLC. In a nutshell, they are saying that they overpaid her by £432.58 and want immediate payment

Now, she left the company in January and wasn't aware whatsoever that she'd been overpaid. If anything, she thought they'd underpaid her! Reason being that she was contracted to work 37 hours a week, however during the winter months she worked 42 hours a week. This was supposed to be made up in the summer months where she would have only worked 32 hours a week. With her leaving the company before summer however, this essentially left her not being paid for 5 hours a week throughout winter.

So, what legal rights do the company have regarding this? Even if on the off chance it turns out she has been overpaid, surely it's totally their mistake and as such should take the hit?

 

[Trojan]

Does she have all the payslips from her time at the company? Assuming all the payslips are present and correct (they add up to the extra amount they are demanding), then I believe it would go down as a company fault and they have to take the hit for it.

We were going to check for the payslips tomorrow, hopefully she still has them all. So you think that if I work out exactly what she should have been paid whilst at the company; then what she was actually paid; if the difference is the amount they're demanding we can tell them to do one?

They do have the right to claim money back but you're girl friend should get in touch and prove she hasn't been overpaid

Just like that? A crappy letter in the post saying send us a cheque for £400?

They can legally take the money back, however I'd ask for details if possible and also make the case with the christmas hours. I can't remember for how many months after termination of employment they can still claim, but sadly they can, and very little can be done if it turns out to be legit.

There is simply no way she can afford £400 at the drop of a hat.

 

[Trojan]

Well I don't think it's just like that, they'd have to be able to prove it

This is the thing though, they've not sent ANY details other than they've overpaid her, then ask for a cheque for £432.58! As if anybody is going to turn round and say "Ok" and pay that.

The way I see it (and I may well be wrong, so take what I say with a pinch of salt), if she was working 42 hours a week rather than 37, it's possible the extra hours worked, if paid to her, equal the amount they are trying to claim. She could easily claim it to be agreed overtime and the company have no rights to claim back any money she was paid for work she actually did.

Sounds fair. Cheers for that mate

 

[Trojan]

Make sure to go through everything because they could be exaggerating, or not taking everything into account

Will do mate, I'm damn certain that they aren't taking everything into account! Robbing ****s

 

[Trojan]

I've just come across this item on the Citizens Advice Bureau which looks promising:

However, if your employer gave the impression that the wages were correct at the time they were paid, you did not know that you had been overpaid and you have spent the money (and to pay it back would put you in a worse financial position than if the overpayment had not been made) you should argue that you should not have to repay the money.

Everything they state there is correct in my girlfriends case. Therefore, what approach do you reckon we should follow? A formal letter, a phone call, blatently ignore them ( ) or what?

 

[Trojan]

Firstly check the last payslip to determine what the extra money is for - if it's listed as overtime - then great you have no worries.

However if not, you need to check your gfs Contract of employment to see what the provisions are for overtime - if she was paid a salary she may not be entitled to overtime.

How long was there between the overpayment and the company contacting you requesting repayment?

The following information came from the www.acas.co.uk website when i was facing a similar overpayment situation

Hope this helps, give ACAS a call see what they say

Thanks for that, very useful info

The 3 parts mentioned that ACAS say prevent an employer from recovering the cash all apply to my girlfriend, which is excellant news as CAB agree with them.

I would do everything by post. Firstly it leaves a paper trail should things go further and secondly, it allows a much more considered response than a phone conversation does.

Yeah, I think that's what we'll do. Cheers.