pay law advice need...
 

[Closed] pay law advice needed!

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Hi all,

a Friend (seriously) got a letter from former employer, which he left over two years ago, basically stating that they had paid him too much back in november 2006. they want it back - £700 of it.

where does he stand? he didn't realise at the time, though could afford to pay them back now, but obviously doesn't particularly want to! does he have to pay for their mistake over two years ago?


 
Posted : 01/03/2009 1:59 pm
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No idea on the legality of it. Morally he should pay it back. I dont know if anyone would though lol.


 
Posted : 01/03/2009 2:15 pm
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Nope. IMo no need to pay back at all.


 
Posted : 01/03/2009 2:39 pm
 GJP
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I had a similar incident many many years ago after returning home from a foreign posting where I was told I had been paid some expat allowances twice or something similar

My understanding at the time was that I could be expected to pay it back but on very lenient terms e.g a £10 a week or whatever since I was not aware of what had happened

With a former employer I think they are just chancing their arm although still within the legal statute of 7 years I guess.


 
Posted : 01/03/2009 3:01 pm
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I don't even think morally he should pay them back! It's taken them from Nov 06 until now to realise their mistake!!!! Muppets!!! Unsure where he stands legally though. Definately go to CAB as I wouldnt' bother unless he really had to!!


 
Posted : 01/03/2009 4:42 pm
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I would suspect as it was an amount that he could not have reasonably have mistaken for money he was owed, that he will have to pay it back.
its not statute barred, so they can take him to court for it.


 
Posted : 01/03/2009 4:52 pm
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Yeah, I can't see how the employer does not have a right to the cash.

It's a contract, if he'd been underpaid then he'd expect the cash, why not the other way round?


 
Posted : 01/03/2009 5:22 pm
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There will be some law somewhere about 10 years is too late I'm sure. 2 years is not that long, they could probably ask for interest if they wanted.


 
Posted : 01/03/2009 5:38 pm