over payment i wages, can anyone help please

DCS

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bare with me this is long ad complicated.

OH started working for this company 3 years ago, he was offered a contract of 24 hours. he signed and returned this, but before actually starting they told him the hours he had been offered did not exist, so changed it to 21 hours. this as a verbal agreement, he received nothing in writing.
not long later 2 hours of overtime became available, which he agreed to do, and has been doing ever week since offered. january this year they agreed to make it official and contract these hours to him. i immediately informed the benefits dept in the change of in his hours, them going from 21 to 25 to 24. because he has not had this in writing and i am unable to provide written proof, our hb and ctb has been suspended, which already puts us in a difficult position this month.
oh then contacts hr last week to ask for a letter stating the change in hours, to which they respond they cant as far as they are are he has always worked 23 hours.
now ever week, oh is required to fill i a time sheet, stating his contracted hours, and any over time. he has for 3 years always put in 21 hours contracted and 2 hours overtime, plus any additional overtime.
his annual leave has always been worked out on the 21 hours as well.

the issue seems to be that when he started and his hours ere amended his manager, did not inform hr of the change.
another point is that it appears they have not been checking his time sheet down at payroll, or they would have spotted the difference immediately. and this wouldnt have gone on 3 years
also they have not provided us of any proof of the over payment, or any calculations explaining the payment. they also told his manager that he owes just over £4000 and they would like £100 a month back. this isnt doable, we have a 2 year old boy, and are already spending more that we get on just the bare essentials of day to day life, we dont ever have any money to spare at the end of the month.

finally, since it as there error, can they legally ask for him to pay back the entire amount, or can they only claim back for so many years?

if anyone has anything the can suggest or has been in asimilar situation please share your experience. im waiting for cab to contact me with an appointment, but cant just sit around until then.
this is stressing us both out so much and we are constantly snapping at each other.
 
From my experience hun if they have overpaid even though it is their mistake you still have to pay back if you haven't worked the hours, it happened to my husband twice and basically it is your job to keep track of what it is you are earning. You can pay it back in instalments, one time DH only did £25 a month for one lol, the other he had to pay in full or he would have got a CCJ against him. I don't know if they are allowed to dictate how much a month you pay back, I am sure it has to be an amount you can afford so I am sure the least they can do is negotiate a smaller amount a month. I hope CAB are helpful though and perhaps there may be around it, £4000 is a lot of money and it can be so unfair.
 
Thank you for your reply. Unfortunately he has always been paid that extra, in every single wage he has had, and his wage slip doesnt state how many hours he is getting paid for. So he just figured that was his wage iygwim. It so annoying as he is the third person in his centre that this has happened to.
 
I don't know anything about employment law but surely they would have to state the hours, payment etc, my husband didn't have that reason he just ignored it, so if your OH wasn't given those details hopefully there will be a loophole for him. Hope CAB are helpful.
 
If you can find out how much full time hours his pay would have been this website would help

https://www.thesalarycalculator.co.uk/prorata.php

This gives me an idea of how much I should be getting paid a month working part time hours.

Also get a copy of his time sheets and contract and speak to CAB for advice.
 
This happened to my OH, well kinda - - they gave us child care vouchers but didnt take the money.

I would suggest in this case, given the amount of money then you need to talk to CAB or a for free solicitor. The fundamental thing here is HOW was your OH meant to know he was over paid.........as you say there are no hours mentioned on his time sheet, and his contract is still physically a 24 hours one, the 21 hour one is verbal. It was not his error and to be honest............his company must be very very lax when it comes to accounting to have not noticed this for 3 years.
I wouldnt argue to meet a middle ground with the payment. As you say £100 a month would cripple you. And of course, your OH cant leave as they will just not pay him the last pay then chase you for the rest.
 
Thanks. We had a meeting with his manager this am, and she was really lovely. He still needs to speak to one other person, but she isnt in until tomorrow. On the plus side. They have said they will except £50 a month, but cant take the £20 oh offered as it will take like 17 years to pay back.
Well this company isnt even a small one, he is the 3 person in his centre that we know of that this has happened to.
 
Thanks. We had a meeting with his manager this am, and she was really lovely. He still needs to speak to one other person, but she isnt in until tomorrow. On the plus side. They have said they will except £50 a month, but cant take the £20 oh offered as it will take like 17 years to pay back.
Well this company isnt even a small one, he is the 3 person in his centre that we know of that this has happened to.


really, its happened before? I think it's totally NOT on. I would really be talking to someone legally regarding this as whilst it is up to the employee to check their payslip, if it was laid out as you say, how could he? Would it not be simpler for them to combine the paying it back with him dong say and extra hour or so here and there? But I definitely do not think that you should have to pay it all back!
 
since our meeting oh rang the guy dealing with it. He was a complete a-hole. He finally agreed to talk to me, as I need to explain the situation to the hb people. He then said I was abusive.... I most certainly wasnt... I should have been though since he blackmailed us and said he wouldnt write a letter explaining what had gone on for the benifit people unless oh agreed to £50 per month. Oh agreed just because it was way to much stress, and we actually have no money ( I lie we have £20 for the rest of the month for food, emergancies etc). But he will be putting in an official complaint. Luckily all calls are recorded for blah blah blah.
There is at least 9000 people working for this company ( in our city). it is shocking, they wonder why they have no money but if they paid people right maybe it wouldnt be an issue. Unfortunately I cant name them because I still technically an employed by them on a casual basis, despite not having done a single shift since I left for mat leave 2 years ago.
I think once the benifits are sorted he will pop intp the cab for advice, its just so wrong.
 

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