Hey there, a friend of mine works part time at a shop 2 days a week for £25 a day, a few weeks ago they had a day off sick and at the end of the week they still got paid £50- even though they don't get sick pay.

This has happened twice since where they havn't stopped her full wage even though they havn't gone in for both days due to sickness.

This is a large nationwide company and my friend is worried they are going to start demanding the money back straight away.

Anyone know what the legal position is, can they just demand it back immeadiatly?

And before everyone starts saying that they should have told them- i know- i have told them the exact same, they just want to know the legal point of view.

I would imagine that they are at liberty to deduct it from the next pay packet in full.

Most employers would be a little more lenient, but they would be daft to leave them exposed if your friend left the firm.

If you are overpaid by mistake your employer can and usually will demand the excess back from you.

This happened to me when I left Waterstones, I was paid for an entire month rather than the twenty days I had worked in that month up to the end of my contract.

It was a bitch as I was unemployed at the time, but the money was repaid.

Makes me laugh though when you go into a shop and they have a sign up that reads:

"Please check your change, as mistakes cannot be rectified at a later date."

i.e. We screw you: no comeback...You screw us: see you in court.

the company can ask for the money back yes, but they would probably just get him to agree to dock it from his wages till he's paid them back... and they're legally entitled to do so as far as I'm aware... but I believe there is a time period, if they don't ask within a certain amount of time then he doesn't have to agree... not sure what the time period is, it's something to do with the laws on small claims court I believe?

there was a similar thread a few weeks ago, maybe you should search for it?

Just get "your friend" to send me the £100, then the company will have NO chance of getting the money back.

(PS Cash, small denominations, please)

;)

I tried a search but couldn't find anything.

Can they demand it back all in one go- cos thats what he is afraid of.

Originally posted by scottf
Can they demand it back all in one go- cos thats what he is afraid of. That probably depends on his relationship with his superior. They had it off me in a big lump because I left the company, if you're still in their employ they may take a chunk each week.

Best thing would be to braoch the subject with the line manager who they work under.

Originally posted by scottf
Hey there, a friend of mine... ...they havn't stopped her full wage...

Originally posted by scottf
...cos thats what he is afraid of...

C'mon, is this "friend" a he, or a she...

...it's you isn't it?

C'mon, just own-up.

;)

£50 a week- as if ;)

Its a she :D

Originally posted by Carmine
If you are overpaid by mistake your employer can and usually will demand the excess back from you.

This happened to me when I left Waterstones, I was paid for an entire month rather than the twenty days I had worked in that month up to the end of my contract.

It was a bitch as I was unemployed at the time, but the money was repaid.

Makes me laugh though when you go into a shop and they have a sign up that reads:

"Please check your change, as mistakes cannot be rectified at a later date."

i.e. We screw you: no comeback...You screw us: see you in court.

So if you walked into the shop and paid a £20 note for something that cost a fiver but they only gave you £5 change, by your deduction above, I take it you wouldnt object to them keeping the £10 either. Or would you demand it back?

There is a page with a good comprehensive answer to the question here. (http://www.paypershop.com/faq/overpaid.html)

Basically, the employer is entitled to deduct the money but should be reasonable in how it is done.

There is no legal time limit referred to, but it is fair to say that claiming it back after a year would be deemed unreasonable.

However, your only recourse would be through the small claims court and how far would you go for £50.

I would keep quiet but be prepared to have it deducted and if they didn't before Xmas, buy myself a present.

Originally posted by MobileB
So if you walked into the shop and paid a £20 note for something that cost a fiver but they only gave you £5 change, by your deduction above, I take it you wouldnt object to them keeping the £10 either. Or would you demand it back? I think you mistook the tone of my comment. There are many shops that display a sign such as that and would refuse to rectify a mistake such as the one you mention on those grounds.

My point was that to fail to rectify the mistake when the customer points it out even after the event is unfair.

I never even said I agreed with such a stance, quite the opposite!

Legally they can demand the money back - and probably will, at some point but it could be 2 or 3 years time. However, your friend is within their rights to set the terms of repayment (ie. how much each week).

Originally posted by scottf
Hey there, a friend of mine works part time at a shop 2 days a week for £25 a day, a few weeks ago they had a day off sick and at the end of the week they still got paid £50- even though they don't get sick pay.

This has happened twice since where they havn't stopped her full wage even though they havn't gone in for both days due to sickness.

Seems to be an awful lot of days off sick.

Originally posted by Skatiechik
Seems to be an awful lot of days off sick. That just sparked off the worst Michael Jackson joke in my head...

Knowingly and intentionally deceiving the employer by keeping money paid in error could be fraud, particularly if the employee refuses to pay back the employer. My advice would be to tell your 'friend' to let the employer know and come to some arrangement about repayment.

Originally posted by Skatiechik
Seems to be an awful lot of days off sick.

That's not the issue here though is it :rolleyes:

Her supervisor probably forgot / couldn't be bothered to send the forms off to payroll; It probably won't get discovered!

K x

Originally posted by fnkysknky
That's not the issue here though is it :rolleyes:

True, it was merely an obsevation that trying to start off a debate.

I would pay it back. I work in an accounts dept and deal with wages now and again.

Sounds to me like this is something that would look obvious in someones pay slip.

Were it me i would be happy to have this paid back over a couple of weeks, expecially since its only a small amount. Simply because its "our" fault.

However, if i thought you knew about it and was just trying to get away with it, i would dock the lot from your next pay.

Then again if your happy with getting a CCJ you could just refuse to pay it, goto court and then have to pay it back at 50p a week

isnt our justice system great!

Could they be giving her sick pay? Even though she only does 2 days a week?

The thing I don't understand is this 'waiting for the inevitable'. I've had ominous pay packets on several occassions, but I didn't go home and fret about it. Instead, I went to the accounts department and queried it. When there was a mistake it was immediately apparent, and where there was none I was glad of the unexpected bonus!

I just don't get why people stress about it like this. Just go and talk to them about it. If it turns out in your favour and then in 2 years time they demand it back, you can always point out that you queried it and they confirmed it. You won't look like the dishonest employee then, taking the extra and hoping nobody notices.