Gross Misconduct

[Nufflove]

Hello all,

I have found myself here for the first time, and cannot find similar cases to mine. So hopefully I could get some advice. I will try to keep it short and accurate.

- I have been accused of gross misconduct.
- It has been alleged that I have received overpayments in wages over the course of a 3 years
- I have been with my company for over 15 years.
- I have had no previous misconduct cases against me.
- I was being paid ‘extra’ in a previous role
- The company claim I was moved to a role that would pay less.
- There is no emails or new contract that I was sent to suggest this
- Managers claim that I was told this verbally. I was not.
- My contract was to work X hours a week, and I have continued to do so over the 3 years.
- If I was to work to the lesser role, I should have been working Y (less) hours.
- They are claiming I have failed to declare overpayments. But I did not believe I was in a lesser role, as I had recieved no email or new contract to suggest this.

[PallasAthena]

If your employer overpays your wages that is their error. They may be able to reclaim the overpayment from you, but not in all circumstances.

Search online for "can employer recover overpaid wages" and there are lots of legal sites that explain the law on this.

But Gross Misconduct by you when it is their error? I've never never come acros that before.

Are you in a union? They will be able to help you.

Is there anything in your contract of employment or employee handbook that deals with overpayment of wages?

Employers are required to confirm any changes in your job role or your hours or your wages in writing. Did they? If not their Gross Misconduct allegation is illogical. How could you declare overpayment if they hadn't told you, formally in writing, that your pay had changed?

[Nufflove]

I am not part of a union. I have no issue with them reclaiming the money if it is mistake. My issue is that they believe that I have been dishonest and not told them about it. I genuinely believed I was on my previous contract, as I had received nothing to suggest I was on new terms and conditions. This was all kept between management. If they had told me then I would have taken steps to address it.

[PallasAthena]

Is there anything in your contract of employment or employee handbook that deals with overpayment of wages?

[echat11]

At the moment they've stated Gross Misconduct, so it looks like they are still investigating the matter.

https://www.acas.org.uk/check-if-you...rom-your-wages