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Overpayments

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  • Date:
    1 September 2011
    Type:
    Law reports

    Case round-up

    Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Type:
    How to

    How to deal with overpayments made to employees

    Practical guidance on dealing with overpayments made to employees, including deductions from wages; civil proceedings for restitution; estoppel by representation; and change of position.

  • Type:
    FAQs

    Where an employer has accidentally overpaid an employee can it reclaim the overpayments?

  • Date:
    23 January 2004
    Type:
    Law reports

    Contracts of employment/unjust enrichment: Bank entitled to full restitution of £250,000 bonus paid by mistake

    In Commerzbank AG v Price, the Court of Appeal holds that a High Court judge erred in his construction of employment documents which, properly construed, guaranteed the employee only one bonus payment for the year in question, and not the two that he had in fact been paid.

  • Date:
    6 January 2004
    Type:
    Law reports

    Case round-up: recovering bonuses paid in error; and posted workers' rights on termination

    This week's case round-up from Eversheds, covering: recovering bonuses paid in error; and posted workers' rights on termination.

  • Date:
    1 February 2000
    Type:
    Law reports

    Normal working hours: No obligation to provide non-contractual overtime

    Employees whose contractual working hours were 39 hours per week but who, in practice, were required to work six hours' overtime made available to them to the extent of 45 hours per week were not guaranteed that overtime, so holds the EAT in Spence and others v City of Sunderland Council.

  • Date:
    1 September 1999
    Type:
    Law reports

    No overtime for part-timers

    A female police officer who was refused overtime because she was a part-time worker was indirectly discriminated against on the grounds of sex, holds a Glasgow employment tribunal (Chair: D Littlejohn) in Campbell v (1) Ministry of Defence Police and (2) Mason.

  • Date:
    8 March 1991
    Type:
    Law reports

    Contracts of employment: Doctors' hours under attack

    An employer's right to require overtime from an employee who is under a contractual obligation to be "on call" for a specified number of hours in excess of his basic working week, is subject to the employer's implied duty to take reasonable care not to injure its employee's health, holds the Court of Appeal in Johnstone v Bloomsbury Health Authority.

  • Date:
    22 February 1983
    Type:
    Law reports

    Contracts of employment: Overpayment of wages

    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.

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HR and legal information and guidance relating to overpayments.