One of your nurses has been overpaid this month in error. Can you recover the cost from her? Our legal expert advises.
Where there has been a clear overpayment in wages, you can seek to recover this from the nurse in question.
She has a potential defence/argument to resist recovery on grounds of unfairness, particularly if she has spent all or part of the money and so does not have it to repay. There is of course a risk that this has happened although this highlights the need to act quickly.
Rather than simply deducting the money from her next payment, the best approach is to raise the situation with her and try to amicably negotiate with her to work out a mutually beneficial way that the money can be repaid.
She may be in a position to repay the lump sum to you straight away and it is worth asking this at the outset. However, if this is unrealistic then staged payments over a set period is logical. What is a reasonable repayment period will depend on the amount due, and affordability.
You should put any agreement in writing to avoid any later disputes.
Alison Graham is a healthcare employment lawyer at Veale Wasbrough Vizards
Alison Graham is a healthcare employment lawyer at Veale Wasbrough Vizards
