Legal advice - employment law

[Rico1304]

I'm after a bit of advice from any legal eagle on the GF.

 

A friend of mine is a teacher in the north east and today has received an email from employers telling him that they've overpaid him and wanting the money back. It seems that they've paid him as if he was more qualified. They've sent him their policy on recovering overpayment which states they'll take back the cash over 9 months.

 

Now, here's the bit which I think stuffs them - his contract shows the higher figure. It's not as if there has been a mistake in payroll and he's had too much, they made an offer, he accepted it and has done the job.

 

To me the fact they put him on the wrong scale is an internal issue, he wouldn't have taken the job on the lower scale as he had other offers on the table.

 

What do you think?

[lifetime fan]

Think he's safe because its his contract with them but get him to contact his union ASAP.

[RedinSweden]

I agree, as long as he didn't misrepresent anything on his CV when applying for the job, then he should be fine. As LF says, get the union in immediately.

[Fowlers God]

Must refrain from topical bad taste joke!

[lifetime fan]

Must refrain from topical bad taste joke!

 

No you must not.

[Fowlers God]

No you must not.

 

What refrain or make the bad taste topical joke?

[lifetime fan]

What refrain or make the bad taste topical joke?

 

 

Post it man.

[Fowlers God]

Post it man.

 

I just don't think it will be funny any more, but...

 

My advice matey would be for you and your mate up North to dress up and stick their contract back to em. Ride into the school and shoot the fucker up. Blast it into the next century before ending your sad existence of your lives. Make sure you do this high on coke and leave a note.

 

See LF..

[Magic Sponge]

 

I just don't think it will be funny any more' date=' but...

 

My advice matey would be for you and your mate up North to dress up and stick their contract back to em. Ride into the school and shoot the fucker up. Blast it into the next century before ending your sad existence of your lives. Make sure you do this high on coke and leave a note.

 

See LF..[/quote']

 

Yeah, you were right. It wasn't funny.

[The Bugged Out]

If it is in his contract then his rep should create a case based on "estoppel". That is to stop any deduction of pay as he has evidence that he is being paid his entitled contractual amount. The supporting CV will aid this process.

 

Your mate must also tell the employer immediately that they do not agree that the deductions are acceptable or lawful, if they wish to chase up an unlawful deductation of salary case via a tribunal. Failure to do so leads to Qui tacet consentire videtur or silence is consent to the repayment.

[Fowlers God]

Yeah, you were right. It wasn't funny.

But still slightly more funnier that you, my weasley little friend.

[Pony Princess]

Bum her cunt off.

[setreal]

Bum her cunt off.

 

Who would be "her" in this scenario?

[Pony Princess]

Who would be "her" in this scenario?

 

I just saw the word 'advice' in the title and shared that gem.

 

HTH!

[FanchesterCity]

Although it's in his contract, and esp in a structured pay scale industry like teaching, if they simply offered him a teaching job that would normally warrant (say) a pay scale 10, but accidentally put him on pay scale 11 (and put 11 in the contract), then the issue will basically come down to how reasonable it was for the teacher to 'know' it was a mistake.

 

If it's highly likely they knew it was a mistake, and kept quiet, then there's a good chance the LEA will win. If not, they could find in the teacher's favour.

 

Although it's in the contract - it's still possible that mistakes happen, and it can be 'unreasonable' to be held to ransom over the mistake... e.g. a company creates a contract for £10000 when it actually meant £100.00 (just missed the decimal point).

 

A court would simply take a view on what was 'reasonable' and the real intent of the contract, and the common understanding between the parties.

 

Basically, it's not necessarily clear cut, just because it's in the contract, but it's certainly helping the teacher's case, and not doing it any harm.

[setreal]

I just saw the word 'advice' in the title and shared that gem.

 

HTH!

 

Fair enough. I also believe the OP shoud get it smashed.

[Pony Princess]

Fair enough. I also believe the OP shoud get it smashed.

 

Yes. Smash its tits round the back, OP.

[Rico1304]

Although it's in his contract, and esp in a structured pay scale industry like teaching, if they simply offered him a teaching job that would normally warrant (say) a pay scale 10, but accidentally put him on pay scale 11 (and put 11 in the contract), then the issue will basically come down to how reasonable it was for the teacher to 'know' it was a mistake.

 

If it's highly likely they knew it was a mistake, and kept quiet, then there's a good chance the LEA will win. If not, they could find in the teacher's favour.

 

Although it's in the contract - it's still possible that mistakes happen, and it can be 'unreasonable' to be held to ransom over the mistake... e.g. a company creates a contract for £10000 when it actually meant £100.00 (just missed the decimal point).

 

A court would simply take a view on what was 'reasonable' and the real intent of the contract, and the common understanding between the parties.

 

Basically, it's not necessarily clear cut, just because it's in the contract, but it's certainly helping the teacher's case, and not doing it any harm.

 

Its about £1k for the first year and £3k for the second ( I think there was a pay rise for all teachers at that time) so certainly not unreasonable for him to think it was a true offer.

 

Thanks everyone for the info - I think his union is the best option but it's looking good for him.

 

I couldn't believe they did it by e-mail - pretty bad form.

[Champ]

In a large, devolved organisation I'm not surprised he was notified by email. I have some experience of this when several of us in our time were overpaid following 'Modernising Pay.'

In our case we were notified by letter sent to our home address, without any prior warning. Opening letters like that, when some were being told they had been overpaid by several thousand pounds, in isolation from others, was not a nice experience.

 

The advantage of email is that it provides a clear 'paper trail' for correspondence on the matter so no-one can distort what was said. Keep hold of everything!