Wages overpaid

[susannicola]

My grandson left his job last month as he was finding it very stressful he had worked there for 5 1/2 years but he’s took a lower paid job in a warehouse with no stress and he’s happy but yesterday he received a letter from his former employer threatening legal action as he was overpaid by £800 when he got his last pay from them unfortunately he has spent most of the money he received can he ask them to accept a weekly payment as it wasn’t his fault he was overpaid

[atticus]

Did he know that he had been overpaid? This could be important.

[susannicola]

No he didn’t realise they have since sent threatening letter saying their emailed him to tell him about hover payment 18 th March his pay day is the 22 nd so that is lies

[atticus]

OK, this is what I was thinking of.

Your son may have a defence to a claim for repayment on the basis that he believed that he was entitled to the money and that, in good faith, he "changed his position" due to that belief. In most cases, change of position means that the money has been spent. Provided that the overpayment is not your son's fault (eg through deliberately inflated time sheets), he may be able to defend a claim for repayment on this basis.

[susannicola]

No it was just normal wages plus any holiday entitlement and he just accepted what he was paid

[atticus]

Please read this again

OK, this is what I was thinking of.

Your son may have a defence to a claim for repayment on the basis that he believed that he was entitled to the money and that, in good faith, he "changed his position" due to that belief. In most cases, change of position means that the money has been spent. Provided that the overpayment is not your son's fault (eg through deliberately inflated time sheets), he may be able to defend a claim for repayment on this basis.

[susannicola]

Definitely not over inflated wage sheets as he has same wage each week as he was classed as staff in the office

[ULA]

Although atticus has provided a possible defence that your son can made, I would like to make set out that under section 14 Employment Rights Act 1996 an employer has the right to recover an overpayment of wages even after someone has left their employment.

I suggest going back with the defence as set out in post #4, however if they do not accept this and they continue to pursue for the overpayment then he may need to consider a repayment plan.