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Human Resources

Overpayments

Introduction

The University makes every effort to ensure staff are paid correctly. However with a large workforce and a complex system of payments, occasionally errors do occur and it is the responsibility of whoever finds the error to raise this appropriately.? Errors may be identified by the manager, budget holder, HR or payroll department, or the employee through their pay slip.

Where an employee is overpaid the principles and procedures set out below will be applied to ensure:

  • Overpayments are investigated and resolved promptly
  • Steps will be taken to recover the overpayment in a fair and consistent manner
  • The University complies with its legal obligations

University Policy

The University has systems and processes in place to ensure accurate management of employee records, however mistakes can still occur.? In the event that an employee is overpaid the University’s policy is to seek recovery in full regardless of how the overpayment occurred.? All employees have a responsibility to alert HR to any overpayments at their earliest opportunity. In the event an employee suspects that they have mistakenly received an overpayment, they should notify Ask HR who will initiate the University's overpayment recovery procedure.

Legal position

Section 14(1) of the Employment Rights Act 1996 allows employers to recover overpayments from employees by making deductions from wages without requiring the employee’s consent.

Scope

The University's?overpayment policy and procedures apply only to payments made in error.? Legitimate payments which later become repayable (for example: contractual maternity pay, relocation allowances, visa reimbursement etc.) are not in scope and the processes outlined in the applicable policies?should be followed.? If these policies are unclear please seek advice from Ask HR.

Principles

The following principles will inform the University’s approach to recovering an overpayment:

  • The University receives public funding and therefore has a duty to seek full recovery of all overpayments, regardless of how the overpayment occurred.
  • The method of recovery will be by deduction from the employee’s gross pay unless this is not possible.
  • Employees will receive at least ten days’ notice in writing prior to any deductions being made.
  • One-off overpayments identified within one month of the overpayment occurring will be recovered in full in the next available pay run.
  • All other overpayments will be deducted over the same period the overpayment occurred, except where this reduces an employee’s gross pay by more than 20%.? In such cases, the recovery period will be adjusted to ensure an employee’s gross pay is not reduced by more than 20%.
  • The outstanding balance of an overpayment will become immediately repayable if a person’s employment at the University terminates.
  • Additional monies owed to the employee upon termination (excluding redundancy pay) will be offset against any overpayment balance owed to the University.
  • Former staff who fail to repay an overpayment may have the debt referred to a debt recovery agency.

Recovery Procedure

The University's Overpayment Recovery Procedure explains the steps that HR follow when an overpayment has been identified.

Queries about overpayments

Contact Ask HR if you suspect you have been overpaid or if you have any queries about the recovery procedure.

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