Thanks for your question.
Under 14(1) Employment Rights Act 1996 an employer make make deductions from an employee's wages to recover overpayments paid by mistake unless the employee was led to believe by the employer that the money was theirs.
Your daughter's employers are therefore legally entitled to make the deductions, so she should therefore think practically about her situation. Get her to engage in a constructive manner with them, make sure she tells the the effect that a deduction of that size will have on her financial position, that she did not realise the overpayment, plead poverty and ask them to reconsider the amount they are to deduct each month.
If your daughter is occupying her property under an assured shorthold tenancy (which she will be unless she received notice at the beginning of it that it was to be merely an assured tenancy) then the landlord may only serve a notice for possession upon here either where the rent is paid monthly and she is two months in arrears or where she has been persistently late in making rent payments.
Even after serving such a notice the landlord will then have to apply to court for an order for possession if she does not leave. Again though a policy of engagement with the landlord is probably the better view
Sorry it could not be better news but I hope you appreciate there is little point in my sugar-coating the situation.
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
You're welcome, thank you for the kind accept. I wish her the best of luck,
Not unless the employer has after realising their mistake subsequently affirmed the new pay expressly to your daugher. Arguably, your daugther should have made them aware of their mistake or checked with them about the amount of her remuneration.
ACAS are certainly worth calling on the matter, they are exposed to a great many employment enquiries and may very well spot a trend of what is deemed a fair amount of repayment each month in these circumstances.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).