Wages overpayment being reclaimed / lost personal effects

[Amethyst]

Posted on behalf of new user


Hi I need some help with a problem please. I was dismissed by my employer on 13th august last year after 12 years service. The excuse was I was not meeting their standards and was not allowed to go and collect my personal possessions from my desk and my locker.I was paid my last pay check on the 18th august. A couple of weeks I received a letter asking me to return some of the money as I had been over paid by £300. I rang the HR dept to query this due to holiday pay not been deducted from this. I was contacted a couple of weeks later again with a revised amount of £279 I said I would pay this as soon a my personal effects were returned to me. I then received a card from a courier firm on a Friday stating they had tried to deliver my effects but nobody was in. I rang the couriers on Monday morning to ask to redeliver but they had already sent it back to my employer. The accounts dept sent me another letter asking for the outstanding to which I replied I would pay when I have my effects. I heard nothing until about a month ago when I got a letter from a solicitors saying they had been instructed by my employer to peruse the debit. Am I within my right to hold back the outstanding as my effects can't be found now. I have offered 50% to stop the action do you feel this is a fare amount

[Johnboy007]

Re: Wages overpayment being reclaimed / lost personal effects

Overpayment of money can be claimed back but..........
Your employer is not allowed to make a deduction from your pay or wages unless:

• it is required or allowed by law, for example National Insurance, income tax or student loan repayments
• you agree in writing to a deduction
• your contract of employment says they can
• it is a result of any statutory disciplinary proceedings
• there is a statutory payment due to a public authority
• you have not worked due to taking part in a strike or industrial action
• it is to recover an earlier overpayment of wages or expenses
• it is a result of a court order or Industrial Tribunal decision

Your employers are not allowed to keep your personal property.
I would not pay them any money at this stage.
Do all your correspondence by mail or email, you then have proof of conversations.
I would advise that you write to your company, and also send a copy to the solicitor, to arrange to collect your property, in person at the workplace.
Tell them that they are acting unlawfully if they retain your property.
Tell them you will hold them liable for any damage to your property, or any missing items.
Also request a breakdown of the money paid to you and the amount claimed back.
Give them ten days to answer.
State you will arrange a payment schedule of any lawful money owed to your ex-employer, with your ex employer, when you collect your belongings.
Send your letter by recorded and signed for mail.
Keep the postal receipt and a copy of the letter.
If you get no joy, then visit your local police station and request an officer to accompany you to the workplace to retrieve what is legally your property.
Good luck

[ironman]

Re: Wages overpayment being reclaimed / lost personal effects

Sorry Jonboy007, i am going to be a pain.

It does not matter as to withholding over payment of wages due to the non return of personal items. The fact is an over payment of wages has occured and the employer is entitled to redress, Through a civil claim if necessary. The ex-employee has no legal grounds to dictate any repayment method as to the over payment of wages and the employer can simply issue a civil claim for the full amount with costs any time after complying with any pre action protocol

The return of any personal property wil be a seperate entity. You will need to issue a formal letter before action and commence seperate civil recovery for those items if necessary. That might be difficult unless you have substantive proof those property items were left at work (Balance of probabilities) They can also show they have attempted to return the items by private courier and that they have been reasonable in this matter.

[vanman]

Re: Wages overpayment being reclaimed / lost personal effects

That might be difficult unless you have substantive proof those property items were left at work (Balance of probabilities) They can also show they have attempted to return the items by private courier and that they have been reasonable in this matter.

by attempted to return the items by private courier show in fact that they do have the OP,s property.

[Johnboy007]

Re: Wages overpayment being reclaimed / lost personal effects

by attempted to return the items by private courier show in fact that they do have the OP,s property.

This is a very valid point vanman.
I think it is really down to negotiation between the company and the ex employee.
They are both at fault to a degree, and a sensible approach and settlement needs to be reached by both parties.

[Johnboy007]

Re: Wages overpayment being reclaimed / lost personal effects

Sorry Jonboy007, i am going to be a pain.

It does not matter as to withholding over payment of wages due to the non return of personal items. The fact is an over payment of wages has occured and the employer is entitled to redress, Through a civil claim if necessary. The ex-employee has no legal grounds to dictate any repayment method as to the over payment of wages and the employer can simply issue a civil claim for the full amount with costs any time after complying with any pre action protocol

The return of any personal property wil be a seperate entity. You will need to issue a formal letter before action and commence seperate civil recovery for those items if necessary. That might be difficult unless you have substantive proof those property items were left at work (Balance of probabilities) They can also show they have attempted to return the items by private courier and that they have been reasonable in this matter.

The ex employee has not refused to permanently deprive the company of money lawfully owed.
Having made the offer of paying when the personal property was returned, is to all intents and purposes, a reasonable request.
Payment could be made when collecting the goods at the workplace.
Taking out a claim against an ex-employee, and taking into account that they do hold ex-employee's personal property, would I suggest. Be counter productive.