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Salary Overpayment

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  • Salary Overpayment

    Hello, I’d really appreciate some advice on the below if anyone is able to offer any.

    I resigned from my previous role on the 6th August 2021 to leave on the 11th September, giving more notice than contractually obliged. My employer paid on the 10th of the month for that whole month, so part in advance and part arrears so I was keen for my leavers form to be sent before payroll cut off to avoid being overpaid, the business were also launching a new HR system at the time meaning that payroll cut off would be earlier that month. Coincidently, one of my direct line reports resigned the week after I did to leave the same day as me, they have had none of the issues I had so I don’t believe this is an issue with system changes.

    During my final working week I noticed that I was still on the payroll system for the following week and spoke to my regional secretary (who’s responsibility it was to complete contract changes) and was informed that everything was definitely fine. I was then paid on the 10th my full salary.

    On the 7th October I received my HMRC documents which stated I left on the 21st August. I immediately called Payroll and was told I owe the business £2800 (considerably more than my monthly salary) and if I wished to challenge my leaving date it would need to be done by my line manager. The following day I emailed my line manager, HR manager and the secretary informing them of what had happened and asked them to resolve. The secretary responded that it had all been submitted correctly and she would call payroll.

    23 November - I was informed that my debt had been recalculated and I owe £657. The previous day I spoke to the tax office as I was now under investigation and showing that I owed approx £880. The tax office could see that my employer had made errors, including a negative tax contribution which was not paid to me. They advised me that my previous employer needed to submit new, correct information to them. I contacted the previous employer and requested that a breakdown of my debt was sent to me, including payslips and a correct P60. I also requested that this was sent to the tax office.

    3 December - I was informed that there had been an error with my basic salary having been calculated incorrectly and I actually owed £425.
    I responded that I had been advised I would receive a statement of earnings and breakdown however was yet to receive this. I reiterated my previous comments regarding incorrect tax and also informed them of the stress their repeated requests for different amounts was causing me, especially with little to no justification for the amounts.

    5 January - I finally received a SOE however the amounts were incorrect and this contained someone else’s NI number.

    7 Feb - I received a final demand for £425 and was informed this was being passed to debt collection agents.

    I sent a lengthy response, including a breakdown of where their errors had been made, both for salary and tax and a calculation of how much I believe I owe. I also reiterated the impact this was having on me. I explained that with my salary overpayment and the errors in tax were taken into account I owe £142 which I was prepared to pay in full there and then.

    2 April - received a response that my case was on hold whilst my tax contributions we’re recalculated. Nothing else in my email was acknowledged.

    I then heard nothing until today, when I received a short email informing me that the overpayment had increased and I now owe £603. No breakdown has been provided nor have any of the concerns I raised been acknowledged or responded to. They have also informed me that if this is not paid by the 9 August this will be passed on to third party solicitors.

    I really don’t know where to go from here, the business do not appear to be taking my responses seriously and are not acknowledging any of my points. I left their employment almost 12 months ago and this situation has been caused by their own errors and was entirely avoidable.

    Tags: None

  • #2
    Let us try 2 approaches.

    1. If you look at your own records including all payslips and your P45, do you think you have been overpaid?

    2. Has this former employer provided any explanation or breakdown of the claimed overpayment? (I think the answer is 'no').

    I suggest that you go back to the employer and request a detailed explanation and breakdown of how they calculate the claimed overpayment. Remind them that you requested this in February (when they were asking for a different amount) and that they have yet to provide it.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      atticus thank you.

      1. Yes, I have been overpaid by £413.71. Working out my tax submissions too there is also £271.40 in tax which was deducted from my pay however not reported to HMRC. I informed them that I am unable to pay the full amount until my RTI submission was correct or as an alternative could pay £142.31 which is the difference.

      2. Yes and no, I was given payslips in January showing a debt of £656.76 but no breakdown. This is after an email in December detailing a breakdown of basic salary divided by number of working days, tax recalculation and holiday in lieu. This is where I was informed of a shortfall in basic salary and the payable amount now being £425.68.

      Comment


      • #4
        Based on 1, shouldn't you be negotiating to pay something?

        NB £413 + £271 = more than £603.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          The £271 was deducted from my pay but cannot be accounted for in my tax submission so I believe they owe me. Actual deductions from my payslip were £1556.60, only £1285.20 was reported to HMRC.

          I am willing to pay what I owe - £413 once they have submitted a correct figure to HMRC, or the difference based on the deduction from my payslip that has not been reported. Which I have told them, my email was acknowledged and now the £603 is being requested with no context to why it has changed.

          Comment


          • #6
            You should make those points to your previous employer.

            You will probably say that you have already done this, in which case all I can suggest is that you do it again.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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