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I have been overpaid maternity pay by work, now they're demanding it back. what are my rights?
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I have been overpaid maternity pay by work, now they're demanding it back. what are my rights?

Last year when i was on maternity leave, i was paid incorrectly for most of the time.They're now demanding nearly £4000 back and asking me what i can afford to pay back each month. A friend has told me i legally don't have to pay it back but my Dad says i definitely do but i can pay a very small amount each month. We are broke as i'm now on mat leave again so really cant afford to pay a lot each month. What are my rights??
Additional Details
I would appreciate people not making judgements on my character- you dont know me and have absolutely no idea of the circustances that surround the over payment. How the hell do you know i new i was being paid incorrectly??- INCORRECT I WAS ADVISED WRONGLY!! Also i made the comment that a friend had said i dont have to pay it back so dont judge me for questioning the law. No need to get nasty!


    




Chocolate C
Rating
Your Dad is right. You will have to pay it back but I'm sure your employer will be willing for it to be paid back in small amounts. You could argue the point and go to court but its probably not worth it.


Foxes
Rating
You can negotiate better terms. That is your right.
You can legally challenge them..That is your right.

Even according to the link someone gave you...YOU HAVE TO PAY IT BACK...

"It is important to know that you employer is allowed to claim this money back even if you can show all three criteria above. It is you that must make a legal claim to get back the money that has been wrongly deducted."

It is up to you to prove you somehow mysteriously do not have to pay it back.

2) There are rules requiring only a small pay back each month.

You can and will pay the money back.
You are lucky to have a job.
You know you owe the money.
Shirking your responsibility is wrong.
And you could (and should) lose your job.
I would never ever ever hire you. Think about that.
Your actions say a lot about your character.

Knowing your rights is always good and excellent...
Comments about well I really do need the money... are not well received.

http://www.docep.wa.gov.au/LabourRelations/PDF/Policy/recovery_and_prevention_of_overpayments.pdf





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