• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Company clawback

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Company clawback

    Hi guys!!!!
    my husbands company made an error last January with his salary. As mist of it is commission based he did not notice an overpayment. This has continued until this week when they have now asked for 1500 to be repaid with the next 4 months!!! Where does he stand with this as it was not his fault ?


    Jules xx
    Tags: None

  • #2
    Re: Company clawback

    Hi Julie

    Unfortunately, regardless as to who was at fault, the money must still be repaid as your husband was never entitled to it. I appriecate it was probably an unnoticeable amount making the error hard to spot, which is also why they probably have only just spotted it themselves. They most however take your financial circumstances in to consideration and can not force you to pay more than you can afford, as by doing so they would be forcing you in to financial hardship which would be unreasonable action on their part and a breach of their duty of care to your husband, which amounts to breach of contract.

    The best course of action would be to write them a letter, setting out clearly how much you can afford to repay each month and the number of months it will take to repay the full amount, whilst making it catagorically clear to them that it was their error and it was unnoticed by your husband due to the small amounts. Also point out to them that by setting unreasonable repayment demands that are more than you can afford to repay, would force you in to financial hardship which is not only deterimental to your husband and his family (for which they would be legally liable for) but the affects of which, such as depression and stress caused by such unreasonable demands for repayment, would amount to being a breach of their duty of care which is also a breach of employment contract. Make it clear that you have every intention to pay the money back, but only at a rate in which you can afford which given they were the ones responsible for the error is perfectly reasonable to be expected to pay only what you can afford each month, so that no financial deteriment is caused or suffered by your husband and his family due to their own negligence.

    Let us know what their response to your letter is. If they want to play fair, then great - If they want to play hardball then their in for a hell of a rough and costly ride with me on your side!

    The most important thing you and your husband can do while this issue is on going, is to keep your heads up, not let what the company says bother you and don't worry about it at all, as the law is on your side if they want to play hardball.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Company clawback

      Thank you!!!
      i will get him to write ASAP. Are they liable to repay the tax that he has paid on the amount ?
      Than you is much
      jules x

      Comment


      • #4
        Re: Company clawback

        Yes the extra tax paid would be their liability too. Though i would expect the tax would be refunded by the HMRC as a tax overpayment. My advise would be to contact HMRC and ask their advice on the matter if your unsure.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment


        • #5
          Re: Company clawback

          I would contact HMRC in any case. As Teaboy says, you cannot be made to repay more than you can afford. It was your employer's fault, not your's. It might not be a bad idea to contact ACAS, as well as HMRC, for advice. Their website is at Home - Acas .
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse

          Welcome to LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X