Work overpaid me, now halving my wages

LegacyUser

Long story short, was out sick for a few months with a long term illness, came back to work during the summer on a 3 day week based on what my doctor told me, all agreed with work, everything ok. did this for about 2 months then went back to full time days, I was due a ton of days holidays from the previous year that they let me take so I was in and out all the time, my wages were definitely less than normal so I thought I was being paid for the holiday days I was taking, now it turns out they were paying me for doing 5 day weeks when I wasnt, their mistake, and they're taking it all back off me, fair enough,but they're demanding I pay over a grand a month, which at this time of year is sorely needed, do I have any leeway in asking to pay back less until say the new year? I'm just back from a holiday so have a credit card bill and my car insurance is up not to mention other stuff so this couldnt have come at a worse possible time.

gandalf

Basically come up with a repayment scheme that suits you better and present it to them as an alternative explaining that the timescale they are presenting for payback is unaffordable for you and will cause you real hardship and while you have no problem paying the funds back the current arrangement is unreasonable as the mistake was theirs and not yours.

Have you been paid for those holidays owed at this stage or have you taken the days off?

qwertz

They are entitled to get their money back but the agreement has to suit both parties. Talk to them and offer a certain amount per month until it's paid back.

Did you tell them that you knew about their mistake when it happened? If not then don't surrender that knowledge.

padser

overpaid wrote: »

Long story short, was out sick for a few months with a long term illness, came back to work during the summer on a 3 day week based on what my doctor told me, all agreed with work, everything ok. did this for about 2 months then went back to full time days, I was due a ton of days holidays from the previous year that they let me take so I was in and out all the time, my wages were definitely less than normal so I thought I was being paid for the holiday days I was taking, now it turns out they were paying me for doing 5 day weeks when I wasnt, their mistake, and they're taking it all back off me, fair enough,but they're demanding I pay over a grand a month, which at this time of year is sorely needed, do I have any leeway in asking to pay back less until say the new year? I'm just back from a holiday so have a credit card bill and my car insurance is up not to mention other stuff so this couldnt have come at a worse possible time.

They are not entitled to make any deductions from your wages without your consent.

That's not to say they not be ultimately entitled to their money back (which they may well be, it's a more complicated question) but they are certainly not allowed to deduct it from your wages.

padser

qwertz wrote: »

Did you tell them that you knew about their mistake when it happened? If not then don't surrender that knowledge.

that's good advice

LegacyUser

OP here, I have no issue with paying it back at all, if it needs to be repaid then fair enough,tbh I didnt even notice as I was taking loads of holidays as well so I assumed I was being pid for these, my wages defintely werent as much as they usually were. But what annoys me is they're taking so much, I have a ton of bills not to mention car insurance, and that yearly drain on money known as christmas is just around the corner, even if they let me pay back a small amount until the new year then the rest after that itd be fine. I did ask if this woudl be possible and their responce was basically "we're being nice asking for a grand a month not more" I think I'll go to citizens advice and ask what might rights are with this.

LegacyUser

op here, I did some digging around about this and from what I read on here:

http://www.irishstatutebook.ie/1991/en/act/pub/0025/sec0005.html


(5) Nothing in this section applies to—


( a ) a deduction made by an employer from the wages of an employee, or any payment received from an employee by an employer, where—


(i) the purpose of the deduction or payment is the reimbursement of the employer in respect of—


(I) any overpayment of wages, or


(II) any overpayment in respect of expenses incurred by the employee in carrying out his employment,


made (for any reason) by the employer to the employee, and


(ii) the amount of the deduction or payment does not exceed the amount of the overpayment,






employers do need written consent to make deductions from employees wages, but not if its in relation to being overpaid, well crap anyway, thought i might have had a leg to stand on but seems i dont