The County Council of Avon v Howlett [1983] IRLR 171 CA

Reports relating to this case:

  • Contracts of employment: Overpayment of wages

    Date:
    22 February 1983

    Where an employer has mistakenly overpaid an employee, the money can be recovered if it was paid because of a mistake of fact. However in a warning to employers operating computerised payment systems, the Court of Appeal in The County Council of Avon v Howlett holds that the defence of estoppel may operate to prevent recovery of all the money even if the employee has spent only some of it.