Paying back an over-payment(?) And another Question.

[poppy160]

First of all, a few weeks ago I recieved a letter from my work informing me that they have overpaid me by about £850. People I have spoken to about it tell me I don't have to pay it back because it was my employers error etc but I've checked on the CAB website and I do have to pay it back. I handed in my notice this month and they said that they will add on all my accrued holiday on to my final Maternity Payment, then take the £850 which I owe them..hope you're with me so far! The thing is, that would only leave me with about £300 which I can't really live on. So do you think it would be okay to ask them if I can pay it back in instalments, bearing in mind I don't work for them anymore?

Secondly, I'm confused about my Maternity Payments. I left at the end of December, and recieved 90% of my normal wage for the first 6 weeks. I think in my first pay I got something really silly like £200. I queried (sp?) this, and the reason was because they calculate 90% of what I earned in October and November and that's what I got in January and February. I got very little in October, this is because they took 3 weeks of sick pay in October's wages because I was in hospital and signed off for 3 weeks in July. They took the payment later than they should have done. So I earned more in October but because they took July's sickness in October I got less in January if that makes any sense atall? (I hope so!)

Do you agree that this is unfair, and that I should bring it up with my work?

 

[kalia]

I think you should bring up about the amount of money you earned in the time that they calculate your pay. It certainly couldn't do any harm. I think you might have a good case:

Your employer will look at your gross earnings paid to you in a set period. This is usually the eight week period up to and including the 15th week before your EWC. The period your employer uses may vary depending on how often you are paid –weekly, monthly or other intervals.

As a result of a judgement by the European Court of Justice, if your employer awards a pay rise which is effective at any time from the start of the set period used to work out your SMP and the end of your maternity leave your employer must work out your SMP again and pay you any balance due to you. For more information about this judgement and its impact on your SMP see some questions and answers about the ECJ Judgment.

You could ask if they'll let you pay in instalments but I doubt they'd agree. Sadly it's your responsibility to report if anything is wrong in your pay so you do have to give it back.