aaruck

I have been paid a monthly expenses allowance within my wages for the last year for being a first aider at work. Within my payslip this month they have deducted the entire years allowance. I have not been notified of this. My contract terms however state that reserve the right to deduct any over payment from my wages or allowances. The only reason they could claim it is an overpayment is that it also states that each first aider must be appointed. I do not think I was formally appointed on this project; I have however been an acting first aider. I obviously therefore do not agree that it is an overpayment

My question is can they legally just take the money back? Do I have a leg to stand on?

Thanks!

fitzscoob

It could be prudent to ask the question to your employer first as this might just be a mistake.

If it turns out this is their intention to claw the money back, I'd make sure that you take photocopies of the accident book - which should show when you have been acting as a first aider for your future discussions with your employer.

Dedrater

There is no simple answer, it would entirely depend on your contract.

It sounds like a payroll error, ie no human input at all, this could explain why your were not told before hand, if your company uses SAGE, even more so.

alphaj12

if it is an overpayment they should agree terms of how it should be paid back, they can't just deduct the lot in one go and leave you unable to live/pay bills etc

Dedrater

According to the Employment Rights Act 1996 they can.

Xx-IAN-xX

Employment Rights Act 1996 (c. 18)

Dedrater

The bit your are looking for in that link;

There is no provision for amount or time in the Act.