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| Originally Posted by Sean He will have to pay the money back, as for the disciplinary I would suggest that the stance he takes is I never check my statement just look at my remaining balance, the wife take care of the finances. She would not question how much money that goes in just manages the spending. I would also tell them that he can’t afford the complete £500 coming out at once, as it was their error they should recoup the amount over a few months. I had a mate that had a similar experience, he recorded everything took notes he was looking at loosing a complete months pay in one hit, when he stated that this would put him and his family in serious trouble with their finances the company basically told him it was his issue, they soon changed their mind when he said he would seek legal advice as he thought the company were acting unfair as it was their error not his.
Some (not all) HR people think there the bees knees and their a law unto themselves don’t be pushed into a corner TAKE another person into the disciplinary, staff / union rep even a legal person it’s his right to do this. And don’t be afraid to voice his case
Sean |
it is his statutory right to take a TU rep or a colleague. Many companies don't let you (and are within their rights to do so) take a solicitor or other person from outside the company.
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| Originally Posted by sean0801 Cheers mate, that's pretty much the line he is gonna take
Does anyone know if they can legally take the money back in one hit? |
Yes. They can, however, if he can't afford it then it makes sense for them to come up with a reasonable plan to get it back
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| Originally Posted by wreckweasel They cant. I've been in the very same situation with an overpayment I didnt notice. They have to agree a reasonable payment schedule. |
Wrong. they can. The minimum lenght of thime they are entitled to recover the money is the same period they gave it. If they gave it over one omenth, they are entitled to reclaim it over one month. Generally, they don't, though, because it makes for a very pissed off employee who isn't oging to be particularly loyal and hardowrking.
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| Originally Posted by calski As far as I know, a company cannot take payment without agreement from the employee. The exception is when a member of staff is leaving the company and anything owing to the company is deducted from the final pay made.
It happened to me back in England several years ago: deduction was made without my consent. I went ballistic. They returned the money IN CASH and we're very sorry indeed. We then figured it out together.
He needs to stand his ground as HR (no offense to any HR people here) can be very "uptight" about a lot of things. It's amazing how they will often retract / change their stance if you take in a witness or quote legalize at them...
Is it any coincidence Dilberts' HR rep "Catbert" is called "Catbert, Evil director of Human Resources"? |
That is unlawful deduction of wages. an employer is entitled to recover monies over paid. They are not allowed to remove or fail to pay money which the employee is entitled to.
This is not unlawful deduction of wages.
I don't know why it would be a disciplinary matter though. Unless it isn't actually a disciplinary hearing, but an investigation into whicever twit paid him the wrong amount of money. Lots of people see the words 'disciplinary' and get into a panic. Read the letter carefully.
PM sent.