Wages overpayment

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My manager sat me down today. He's had an email from HR regarding my pay. Between September 2020 and August 2021 I was overpaid £620. They're now after claiming this back from me, and my manager is arranging a face to face meeting with HR for me.

I'm an apprentice. The time period above relates to year two of my apprenticeship during which apparently I was placed in the wrong apprenticeship pay grade. I'm now in year 4. I'm on a yearly increasing salary so it goes up each year but I've never been formally told how much by, it isn't in my contract, and I've also never been told whether the company wide annual pay rises apply to the apprenticeship rates! Somtimes they do, sometimes they don't. I've also been told this overpayment mistake has affected other apprentices in my year.

Being a mature apprentice I had to think hard about taking the role as it represented a significant pay cut for me and I have family and a house. I started the job before the cost of living crisis etc so although my pay has increased quite a bit since I started, our disposable income still isn't amazing. My wife has developed some health issues which prevent her from working much overtime at her job.

The company sounds keen to reclaim this money as I'm effectively on a temporary contract as an apprentice (the company has a 96% retention rate for apprentices though, but I, along with a lot of current apprentices, don't plan to stick around for long after I qualify as its turning into a bit of a sh*tshow across the board) and my contract ends in August at the latest.

I'm aware they are entitled to claim the money back. But I plan to go into the meeting pleading poverty (lay it on thick) and maybe mention the local rag - they're terrified of them. The situation is entirely their fault and I was completely unaware of this overpayment until now.

Anybody been in a similar situation?
 
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Ask them to prove to you when you advised of your pay rises, and ask them to put in writing how much they believe you have been overpaid, and what their proposal is for a repayment plan.

I would ask them to consider writing the money off as a good will gesture given it was their error and as remained undetected for so long. Don’t ask, don’t get
 
Me thinks you are in a difficult position.
If (or when) you leave the companies employ they will want their money back. What should concern you has the same overpayment been made in the years since then? That needs clarifying 'cause a £51 pound per month overpayment should be noticeable especially if the following year it wasn't paid.

Is the employer 'Unionised'? Hopefully it is - they should be your first point of call as they will provide a "friend" to accompany you at the meeting. If not hopefully you know someone who can accompany you.

Before you go to the meeting think of the figure that you believe you can afford to repay on a monthly basis - offer them half that figure. Also remember that there will be a Tax correction to be applied - essentially the overpayment refund should be taken before the taxable portion of your wages is calculated.
 
I don't think they have a leg to stand on. You cant be expected to know what HR think is the right salary if nothing is in writing. They have paid you what they have paid you, a modest increase in pay as you expected. It is not a mistake, its a contract.

Blup
 
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If you weren't an apprentice I would advise to tell them to do one.
Given that your salary is a grey area and 3 years have passed, I would just tell them to sue you for the money and if they took it from your next pay, I would sue them.
However, as you are an apprentice and need to get to August in their good books, I would just go to the meeting and put up a great act.
Start crying, appear desperate, pretend that the £620 will break you, tell them all sorts of sob stories (funerals to be paid, sick relatives abroad to support, bad debts, etc, etc)
Offer to repay them when you will be in a better situation but don't give them a date.
If they want you to pay a bit every month, offer £20 and you'll probably settle at £50.
Failing that, just pay.
Once you reach your goal (August), make sure you find a better employer and on your last day open lots of sardines and hide them around the place (behind cabinets, under the carpet, in the ceiling if possible...
 
i think whats happened is an audit and someone is trying to cover there behind tell them you will pay back £10 per payday [assuming monthly /4 weekly paid]as you are already struggling but show displeasure that you are being "punished " for there mistakes now this may take the heat off and let it drift into the long grass
but what ever you do do not sign anything that reads other than they made a mistake and please can we have our money back so make sure you distance yourself from there error but willing to help although its a great inconvenience so both you and them know where you stand without burning bridges
 
Don’t threaten going to the press that would be grounds for dismissal.

They should be very flexible and pleading poverty is a great place to start.
 
its a strange quirk with wrong wages firms can go back years but an employee can only go back a few months
Offer them a payment plan less than the weekly amount they over paid you, But if you do leave in august they will take the remaining debt out of your final wage same as they do with if you have taken too many holidays etc
 
I see you have been told the overpayment affects other apprentices in that year. I suggest you all need to get together to present a United responce.

The period of time you quoted was affected during the 'lockdown' period so were you laid off and paid on the Furlough scheme? I

Hopefully you and your fellow apprentices can collect your joint thoughts together.
First few that come to mind are :-
Why have you not been advised in writing? (Even if your manager gives you the letter)
What is the apprentice payscale, how does this relate to a full time employee; how are increased applied - annually, on birthdays or both? That should have been in the contract.
 
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