Any employment law specialists on NSC able to answer this ?

[desprateseagull]

After such a long time, I think there would be a general expectation that the firm was paying staff the right amount. I don't think they could claim back that far, anyway- Has the pay rate been the same? No raises?

 

[Dave the OAP]

I also thought that the company has no right to make a deduction for overpayment in your wage without your express agreement.

 

[seagullsovergrimsby]

When I worked at BT if any person was overpaid the union stance was the amount had to be paid back but in installments which wouldn't cause financial hardship instead of a lump sum deduction.

 

[Frampler]

Employment law is my specialism. I don't know whether Binney on acid's partner has a contractual term covering overpayment, so I'll assume for the moment that she doesn't. This means the position is covered by longstanding common law principles. These dictate that an overpayment of wages or salary can be recovered by the employer if:

• the employer has led the employee to believe that he or she is entitled to treat the money as his or her own
• the employee has in good faith changed his or her position - i.e. spent the money believing it to be his or her own; and
• the overpayment was not caused primarily by the fault of the employee.

Given the above, Binney on acid's partner is in quite a strong position with regards to the overpayment, and I would suggest an opening position of telling the Practice "it's your mistake, you deal with the financial consequences".

 

[dazzer6666]

Employment law is my specialism. I don't know whether Binney on acid's partner has a contractual term covering overpayment, so I'll assume for the moment that she doesn't. This means the position is covered by longstanding common law principles. These dictate that an overpayment of wages or salary can be recovered by the employer if:

• the employer has led the employee to believe that he or she is entitled to treat the money as his or her own
• the employee has in good faith changed his or her position - i.e. spent the money believing it to be his or her own; and
• the overpayment was not caused primarily by the fault of the employee.

Given the above, Binney on acid's partner is in quite a strong position with regards to the overpayment, and I would suggest an opening position of telling the Practice "it's your mistake, you deal with the financial consequences".

I'm not a specialist but have been involved in two cases at previous workplaces where this happened. One was very significant and was recovered quickly (although the employee 'tried it on'), the second was similar to this case - outcome was as [MENTION=21166]Frampler[/MENTION] has suggested - it was a small amount over a long period of time and the three bullet points noted applied (although I think [MENTION=21166]Frampler[/MENTION] meant to say 'can't be recovered' rather than 'can' )

 

[Frampler]

I'm not a specialist but have been involved in two cases at previous workplaces where this happened. One was very significant and was recovered quickly (although the employee 'tried it on'), the second was similar to this case - outcome was as [MENTION=21166]Frampler[/MENTION] has suggested - it was a small amount over a long period of time and the three bullet points noted applied (although I think [MENTION=21166]Frampler[/MENTION] meant to say 'can't be recovered' rather than 'can' )

A glaring typo, my apologies to all concerned. Yes, an overpayment cannot be recovered if the three points I mentioned are satisfied.

 

[desprateseagull]

Hopefully OP partner had some performance reviews during that time, so would think her rate of pay, and possible rises, would have been discussed / checked, somewhere along the line?

If continued to pay at the higher rate, I reckon has a good case to conclude this was the correct amount.