Overpayment 100% deduction

[zoenicholle]

Deleted

[postslippete]

I'm not a legal expert but I know you can sue for unlawful deduction of wages and disability or maternity discrimination. However, you need solid legal advice and representation . Other than the Union, have you contacted ACAS? They give a lot of free advice and it might be your best port of call as solicitors tend to be expensive unless you can get a free consultation.

[TopperGas]

I'm not a legal expert but I know you can sue for unlawful deduction of wages and disability or maternity discrimination. However, you need solid legal advice and representation . Other than the Union, have you contacted ACAS? They give a lot of free advice and it might be your best port of call as solicitors tend to be expensive unless you can get a free consultation.

It sounds like everything was lawfully reclaimed just the OP isn't happy it was recovered in full rather than on an instalment basis, I'd imagine any court would question why the OP. didn't realise they'd been paid too much rather than criticising RM for the way they went about reclaiming it.

[Tman]

I would guess that RM (rightly or wrongly) assumed that you were leaving RM employment, and were clawing back the overpayments while they still could.
Taking union or legal advice is the best option.

[heraldmoth]

As mentioned above the over payment should not have gone unnoticed but then you could claim to not have access to the app….someone has authorised this take back though and not consulted you beforehand which is also a key issue and one that the area rep should chase as a starting point…..there’s no mention of financial loss though so I would be worried about the motivation

[zoenicholle]

I'm not a legal expert but I know you can sue for unlawful deduction of wages and disability or maternity discrimination. However, you need solid legal advice and representation . Other than the Union, have you contacted ACAS? They give a lot of free advice and it might be your best port of call as solicitors tend to be expensive unless you can get a free consultation.

Hi, thanks for your reply ;
I have spoken to citizens advice, legal aid & acas. Cornfirmed i have a case, but due to it being historic (over 3month since the incidents) i will have to take the stand at civil court. I suffer badly with my mental health now because of this, so right now I don't think I can do it.
I'm hoping there is someone out there who was struck by the same situation and is able to give guidance

[zoenicholle]

I'm not a legal expert but I know you can sue for unlawful deduction of wages and disability or maternity discrimination. However, you need solid legal advice and representation . Other than the Union, have you contacted ACAS? They give a lot of free advice and it might be your best port of call as solicitors tend to be expensive unless you can get a free consultation.

It sounds like everything was lawfully reclaimed just the OP isn't happy it was recovered in full rather than on an instalment basis, I'd imagine any court would question why the OP. didn't realise they'd been paid too much rather than criticising RM for the way they went about reclaiming it.

The OP refused any payplan and when questioned by the union, they refused to comment.
The OP contract states they can't deduct anymore than 10%. And firstly make contact with me, and if that is unsuccessful they have to inform my manager. But they didn't.. I returned from maternity for 7 weeks, but they still continued to deduct 100%

[zoenicholle]

As mentioned above the over payment should not have gone unnoticed but then you could claim to not have access to the app….someone has authorised this take back though and not consulted you beforehand which is also a key issue and one that the area rep should chase as a starting point…..there’s no mention of financial loss though so I would be worried about the motivation