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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38394
Experience:  Expert in UK Employment Law
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Hi there I work for the public sector & have been in the

Customer Question

Hi there

I work for the public sector & have been in the same role since march 2010. In April 2011 I went on maternity leave until feb 2012 when I returned to work on a part time basis, 3 days a week. I went on maternity leave again in February 2013 to have my second child.

I have recently received a letter from my employer stating they believe they overpaid me since February 2012 as they didn't correctly adjust my salary for my reduction in working hours & that they believe I owe them close to £17000 & wish to arrange a meeting to discuss repayment schedule. I have arranged a meeting for Wednesday this week & on confirmation of that meeting I was told the figure I owe is closer to £11000.

My last remaining salary from my employer this month was withheld, aside from my statutory maternity pay as recompense for the overpayment. In addition to a suggested repayment schedule of £150 a month.

I do not currently have an income, I have 2 very young children to take care of & have spent my salaries for the past 2 years as any normal person does as I didn't realise the overpayment was happening. I am very stressed about this as I do not know what I can do. I cannot actually afford to go ba k to work as I will not on the reduced salary earn enough to cover childcare costs for my 2 children. I spoke to ACAS who informed me there was a case of Avon council vs howlett in which a judge upheld that in a similar situation the money should not be paid back & ACAS suggested I get legal advice to ascertain whether this could also be the case in my situation.

I have to go to this meeting on weds (taking my
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.
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