Overpaid NHS Salary Due to Management Error

[sc342]

I reduced my hours nearly three months ago from a 4 day week to a 2 day week for extra study purpose.

I asked my line managers permission to do this and had a formal meeting with both of them re: this request. They agreed to a change in work hours. I gave them 4 weeks notice so that they could complete all change over forms required by HR. I was told by my line manager I could request my reduced hours as of 22nd Nov 14 - 1 month after the meeting.

I was off sick for 3 weekd in December (Medically certified) When I got paid the wages seemed too much. I asked my manager if a change over form had been done I was assured that the wages were due to working nights and weekends and not to worry. I attempted to calculate it from the payslip but there is no hourly rate just a basic salary and additional night/weekend hours. I found it difficult to contact the salary dept due to them only taking calls from employees between specific hours twice a week.

This week HR contacted me to inform me that the change over form had NOT been submitted and that I was being overpaid for 3 months. I acknowledge that this will need to be repayed but I am wondering where I stand re: a) My managers responsibility and incompetence b) How they will reclaim this?

Any info would be greatly appreciated!

[Tools]

Re: Overpaid NHS Salary Due to Management Error

The wages that have been overpaid, specifically because you realised this at the time, will have to be repaid.

However, the repayment terms (amounts & timescales) will have to be mutually agreed between you and the salary dept. Only agree to a rate that is affordable to you, preferably through deductions to your salary each month, from memory (someone may correct me on this) the maximum they can deduct is 10% of your wage per payment cycle.

[Tools]

Re: Overpaid NHS Salary Due to Management Error

I have just checked and the 10% applies to retail workers - see here http://www.acas.org.uk/index.aspx?articleid=4125

I would also recommend speaking with ACAS or your Union rep to clarify the exact circumstances in your own case.

[Mabel]

Re: Overpaid NHS Salary Due to Management Error

Hi
This recently happened to a friend of mine who is a nurse,
With the union involved they negotiated paying back an affordable amount each month.
Good luck
Mabel

[Mabel]

Re: Overpaid NHS Salary Due to Management Error

Hi SC342

I thought I would paste this link .

there is case form for something named Estoppel
"
if the employer led the employee to believe that she is entitled to treat the money as her own, not reasonably expect her to notice overpayment, that the employee has spent the money in good faith and the overpayment was not caused primarily by the fault of the employee".


I've pasted the full link below.

http://www.pcs.org.uk/en/resources/l...erpayments.cfm

I've recently learned that a public service worker didn't have to pay back their over payment because of " Estoppel"

Good Luck

Mabel

The information I share is Mabel information, Any advice I give is without liability. If you are unsure please seek qualified legal advice.

[kupidonstars]

Re: Overpaid NHS Salary Due to Management Error

I'm becoming quickly addicted to this forum.

Hope you get it sorted. I left my role in the NHS and was paid for three months after leaving. I did the honest thing and moved the money somewhere that it wouldn't be spent and notified them. It took them 6 months to send me an invoice, put a deadline of 4 weeks on it and when I hadn't yet paid (I've been digging my heels in around the timeframe) they managed to send me a letter within 2 days (despite the 6 months it took for them to get an invoice to me).

Phoned them up, gave them hell, paying it back next week (not because I don't have the money just as a matter of principle)