I have left my employment for over 7 weeks but was paid in error last month. do i have to give it back.?

Question

my old boss was aware at the time as he has my payslip,i phone him at the time and he said that i would receive a letter asking for it back.that was a month ago.

Answer 1

Yes you do. My boyfriend had the exact same thing recently and the company went to a special court in order to set up a financial arrangement to get the money back he owes. The good thing is that if you feel you cannot pay it all back in one go due to your finances, you can choose to pay as little as you want e.g. £10 a month (within reason). Hope this helps.

Answer 2

If they write to you and ask for it back, then you will on the balance of probabilities be required to pay it back.

There are however exceptions to this rule - if you can show that the payment, could reasonably have been misunderstood by yourself to believe that it was money that was due to you. That you were made aware that it was not due to you only after you had spent the money. And finally if repaying the money would cause you serious financial hardship.

So basically if the extra pay was £20 then you might get away with it, if it's £30,000 unless you're a very well paid city banker then you'd be expected to notice and give it back.

Answer 3

Yes. You must return the pay. I was overpaid once and it was completely not my fault, it was direct deposit and I ended up having to go to court and pay the money back. Even though you may really need that money, the right thing to do is return it. That way, if you need to go back to that job for some reason, you haven't burned your bridge by being dishonest.

I would just NOT cash the check or remove the entire pay from your account and take it back to your old employer.

If he's aware of the monies, the smart thing for him to do is get the money back asap. If he isn't going to do that, you will have to do it yourself. If you don't, your just asking for problems down the road. It is theft, even though you didn't take it on purpose, by not returning the money, you are acknowledging that it is okay to keep it. That is not right.

Answer 4

If the letter arrives then yes, there's probably a time limit on how long they can leave it though so you want to get some legal advice.
As you know the money is owing you are probably supposed to send it back; but you might not know exactly how much it is and I don't think you have to do too much chasing up.
I'd stick it in the bank and not spend it until thay contact you to ask for it back.

Answer 5

If I were you, i'd placed the money aside in a affordable rates account. it is completely achievable that they are going to overview their files in some unspecified time sooner or later and make certain that they overpaid you. if it fairly is the case, they might come decrease back at you for the money. So do not bypass spending it with out postpone. As yet another theory - is it achievable that the examine that you in basic terms received became a payout for reward of a few variety - like unused vacation.

Answer 6

I find it hard to understand how that could happen. The payroll system should have you down as left employment in order to have generated your P45 (showing tax paid in employment etc). Perhaps they've re-instated you by mistake, in which case you might need to sort it out even if it's just to keep the Inland Revenue/Social Security (national Insurance) from getting involved further down the line.

Answer 7

I believe they have 3 years to reclaim the money. Like another responder said, put the money in a separate account and wait to see if they ask for it back. But I would wait 3 years not 1 year. But to be sure, do you have a lawyer friend that you can ask?

Answer 8

I wouldnt. All they can do is ask for it back and if you dont pay they can take you to court - depending on how much it is it probably wouldnt be worth the expense and time and effort on behalf of your ex boss (how ruthless is he?) - however if you need a reference from him that changes it as he wont give you one if you dont pay the money back

I think I would talk to the Citizens Advice Bureau and see what they say

Answer 9

Yes, when an error leads to someone receiving money they are not entitled to they are obligated to return it. I suggest you deposit the check into a savings account and wait for them to contact you though. If you don't hear from them in a year, consider it found money.

Answer 10

You have to pay it back when they ask for it. But if you have already spent most of it, you should explain your problem and they have to let you pay it back in two or three instalments.

With employers it is best to behave kindly and responsibly, as you will always need them for references etc.