Overpaid an Employee? A Practical Guide to Reclaiming Monies for HR, Managers & Payroll

Introduction

It is not uncommon for a business to accidentally overpay an employee and it can happen for a variety of reasons, for example:

• An employee may have changed their hours of work or stepped back from an acting up role and the manager has forgotten to tell payroll
• An employee has been paid in advance but fails to work their notice period on termination
• You have made a loan to the employee, and they have resigned before they have repaid the loan in full

If overpayment does occur, you may be wondering if you can reclaim any money mistakenly paid.

In this webinar, we will explore the situations when you can reclaim money from an employee, the paperwork you need to have in place to authorise you to do so, what to consider when doing so and how to stay on the right side of employment law.

Ideal for HR professionals, senior management and those who manage payroll functions, this webinar will ensure you are using the most up-to-date wording in your employment contracts to support any deductions you are likely to make, as well as considering the clauses to include in a training agreement to ensure that you can reclaim the costs if an employee leaves without providing a suitable return on their investment.

You will leave this webinar with practical advice and top tips to help you understand this area of employment law, how to reduce the risk of overpayment to employees and how you can reclaim monies if this happens.

What You Will Learn

This webinar will cover the following:

• The factors that determine whether money can be reclaimed, including the terms within the employment contract and the period of time that overpayment has been made
• Implications when reclaiming money, such as National Minimum Wage
• Claims that could be brought against you, including unlawful deduction from wages, breach of the implied term of trust and confidence and constructive unfair dismissal
• Employee rights in this situation, such as section 13 rights
• How to approach the subject with the employee, agreement of re-payment terms and the legal agreements to be set in place
• How to act if the employee has left the business
• Advice on proper drafting of contracts and training agreements to include clauses to avoid situations such as this in the future
• Relevant case law

This webinar was recorded on 27th January 2022