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Posted Mon, 23 Dec 2024 19:20:07 GMT by Ejf
Hello, Essentially I took 6 months maternity leave when the baby was born, and went back to work at 6 months. My partner then went on shared parental leave with the expectation she would receive statutory parental pay for 3 months. After her first months leave she received full pay.. she didn't check in with her employer as she assumed she worked some overtime and some hours that came under their cut off for calculating pay (?!? I did urge her to check but she's stubborn and decided she knew best ) Then when she recieved full pay for the second month of leave she raised it with her employer and it turns out one of her shared parental forms wasn't completed correctly so they didn't realise she was on leave. The employer is now saying they pay her £4k a month gross and that she is liable to pay them back £8k in total. However she doesn't receive £4k monthly as obviously tax, national insurance and student loans will come out of that. Fair enough they ask back for the money she actually received but is it right she has to pay them back the gross amount and not net? Shouldn't her employer be trying to claim it back from HMRC? On top of that she should receive £738 statutory parental pay so she is entitled to keep at the very least £1476 at least?
Posted Fri, 10 Jan 2025 15:34:04 GMT by HMRC Admin 20 Response
Hi,
Generally if an employer overpaid and employee the employer would ask for the net amount back as the employer will adjust their reports to
HMRC and reclaim any overpaid tax and NI.
I would advise your partner to ask the employer to confirm this with HMRC.
Thank you.

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