HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Right to recover an overpayment
In most circumstances, an employer has the right to recover money that has been overpaid to an employee. However, the employer should contact the employee promptly, explain the overpayment and discuss how the money will be repaid. https://www.acas.org.uk/deductions-from-pay-and-wages/handling-overpayments
Deductions from wages
Under the Employment Rights Act 1996, an employer can generally make a deduction to recover an accidental overpayment of wages. Employers should nevertheless notify the employee before making an unexpected deduction and check the relevant contractual arrangements. https://www.acas.org.uk/deductions-from-pay-and-wages
Repayment arrangements
Where an overpayment is large or has accumulated over a long period, Acas recommends that employers are flexible and fair and consider agreeing a repayment plan that enables the employee to manage their finances. https://www.acas.org.uk/deductions-from-pay-and-wages/handling-overpayments
National Minimum Wage
A deduction to recover an accidental overpayment is one of the types of deduction that can take pay below the National Minimum Wage calculation threshold. This does not remove the need to calculate the overpayment and deduction accurately. https://www.gov.uk/guidance/calculating-the-minimum-wage/calculating-the-minimum-wage
Payslips and payroll records
Deductions should be clearly shown on the employee's payslip. Employers should also retain appropriate payroll records and ensure that the correction is processed correctly through payroll. https://www.acas.org.uk/payslips
Tax and National Insurance
Payroll overpayments can affect PAYE tax and National Insurance, particularly where the error crosses tax periods or tax years. Payroll should therefore check the appropriate HMRC treatment rather than simply recovering the gross overpayment without considering the payroll position. https://www.gov.uk/payroll-errors/correcting-pay-or-deductions
Employee wellbeing
Recovering a substantial overpayment can create financial pressure for an employee. Acas recommends considering the worker's wellbeing and being flexible about repayment where appropriate, particularly where a large amount or a prolonged error is involved. https://www.acas.org.uk/deductions-from-pay-and-wages/handling-overpayments
Former employees
If the employee has already left the organisation, the employer should contact them, explain why money is believed to be owed and set out the amount being claimed. If repayment cannot be agreed, further recovery options may be available. https://www.acas.org.uk/deductions-from-pay-and-wages/handling-overpayments