Maternity Benefits Guide - Hampshire County Council

Errors may be identified by your line manager checking
their monthly payroll reports, by your HR caseworker
processing a leaver action, or by you through your
monthly pay advice notification. If you find a mistake or
have a query regarding your maternity pay you must
notify your line manager who can arrange a mutually
agreeable repayment plan that can be set up by your HR
caseworker.
Your HR caseworker will provide details of the
overpayment for your line manager to discuss with you
and negotiate the timing of repayment. The responsibility
for managing and co-ordinating the overpayment and
recovery process lies with your line manager working in
conjunction with other parts of HR, including your HR
caseworker and Employment Practice Centre or
Education Personnel Services.
15.3 The legal context
Hampshire’s overpayment policy is compliant with the
relevant statutory legislation. Under the Employment
Rights Act 1996 [Part II, Section 14(1)] HCC is not
entitled to deduct sums from wages due to you without
your consent. There is, however, a specific exemption for
deductions to recover:
• Any overpayment of wages.
• Any overpayment of expenses incurred by you in
carrying out your employment, made (for any
reason) by your employer to you.
Where there is a deduction to recover an overpayment of
wages or expenses, HCC does not require a written
mandate from you, but your line manager will always try
to work with you to agree a mutually acceptable
repayment plan.
If an overpayment is identified and you are leaving your
employment, HCC reserves the right that any
overpayment will be collected from your final salary. If,
after this action, there is any outstanding balance this
will be invoiced in the same way as any other employee
leaving HCC and the overpayment will be passed to the
County Treasurer’s Debt Recovery Team.
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