We have an employee who started maternity leave two months ago. Under the terms and conditions of her employment, she is only entitled to Statutory Maternity Pay (SMP); but in error, she has been paid full pay for the first two months. I am about to contact her to discuss repayment options and hope that we can agree something. However, I just want to check on the legal position should we be unable to do so. Can we deduct this overpayment from her future SMP payments?

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