Recovering salary overpayments due to payroll errors
Five employees at Glasgow City Council have together been ordered to pay back £40,000 in overpaid wages caused by a payroll error relating to the calculation of their contractual overtime. If you overpay wages to an existing employee due to a payroll error, can you recover them?
Where the purpose of a deduction from an employee’s wages is to reimburse you in respect of a previous mistaken overpayment of wages, the unlawful deductions from wages regime in the Employment Rights Act 1996 doesn’t apply. This means you can lawfully recover the overpayment by making deductions from the employee’s future wage payments, even if there’s no contractual clause allowing it, and you don’t need their consent.
In this situation, you should notify the employee as soon as possible of the overpayment. Explain the error in writing, give details of the overpayment and how it has been calculated and then set out how you propose to recover it, i.e. by deducting sums from their wages. If the amount of the overpayment is large, it’s advisable to propose a reasonable repayment plan under which wage deductions are phased over several pay periods, rather than just deducting it all at once, to avoid causing financial hardship for the employee. Aim to agree this repayment plan with the employee.
When you then make the relevant wage deductions, itemise these clearly on payslips - include the amounts of, and reasons for, the deductions.
Related Topics
-
What can you learn from HMRC’s input tax toolkit?
You know that penalties can be charged on careless errors and many mistakes relate to input tax being wrongly claimed. How can HMRC’s input tax guidance help your business to claim the right amount?
-
A £3,000 side-hustle allowance: more generous than it looks?
People making money from small side businesses will have more room to earn without paying income tax, following a Budget decision to triple the trading allowance. However, the figure relates to what you receive before expenses, not the profit you keep. Will the £3,000 allowance actually save you tax?
-
Electronic VAT return and payment due


This website uses both its own and third-party cookies to analyze our services and navigation on our website in order to improve its contents (analytical purposes: measure visits and sources of web traffic). The legal basis is the consent of the user, except in the case of basic cookies, which are essential to navigate this website.