Overpaid by employer

[Ava28]

In November 2018 I switched from a part time contract of 20 hours / week to a zero hour contract.

I was signed off sick for mental health reasons and returned to work in early September 2019.

I did not receive a September or October paycheck of which is supposed to be paid on the 28th of the month. I have online access to my paychecks of which showed nothing.

I enquired about this and was told by my manager that payroll had absorbed the entirety of my September and October pay. This is because I was overpaid when my contract changed and they were taking the repayment until it is all paid back - not paying me for any of the money I earn until the cost have been recovered.

At NO POINT was I informed I was overpaid. No letters, no emails, nobody attempted to contact my manager. I only found out by asking why I was not being paid. In addition, after calling payroll, both paychecks conveniently showed up on the system, showing that I had been paid and deducted.

I explained I could not forgo everything I am earning at once and needed at least some money now. My manager authorised a repayment plan, and apparently did so on the basis that I agreed to work at least one day a week. Because of this, they are pressuring me to keep working to pay it off, even as a zero hours employee.

Has my employer acted illegally? What kind of case do I have if any? Any advice offered will be much appreciated.

[Amethyst]

Do you have an employment contract ? Is there any provision in there which permits corrections to be made where sums have been paid in error ?
If so they can recoup overpayments from your wages, and there isn't a limit to what they can recoup.

You changed from a 20 hour contract to a zero hour contract - so when you were off sick you were already on the zero hours contract ? what were you being paid whilst signed off ? SSP ? What period was the overpayment apparently made over - and was that while you were signed off?

[Ava28]

Do you have an employment contract ? Is there any provision in there which permits corrections to be made where sums have been paid in error ?
If so they can recoup overpayments from your wages, and there isn't a limit to what they can recoup.

You changed from a 20 hour contract to a zero hour contract - so when you were off sick you were already on the zero hours contract ? what were you being paid whilst signed off ? SSP ? What period was the overpayment apparently made over - and was that while you were signed off?

I was not sent a new contract as a zero hour employee, just a letter confirming that the switch had been made.

Yes, I worked a little less than two weeks on zero hours before requesting to be signed off sick.

I do not currently have information on the date the contract officially switched. It was registered on the 4th of the month, and I was told it went through "after the cut off" for the payroll to be adjusted. I do not know the date I was officially signed off sick from the requested date, but stopped shifts immediately after.

My last paycheck was end of November 2018. This was the only overpayment I received, which would have been the month in which I worked the first half and signed off sick the second half, after that I was paid nothing as I did not work.

[ULA]

What did your previous contract stay about the company being able to make deductions from salary for overpayments made by them?

I think you should also too back to your employer and ask them for an exact breakdown of the overpayment made in terms of amount and when this happened.