I paid someone by mistake and they won't give it back. £344, my boss says its coming out of my wages. Help

Question

All I have is a mobile number which is always off. No response to voicemails. Or to a letter I sent (his address may be old) How can I get it back? The bank cannot reverse it.

I am trying to do my work in half the time I need. The system I use to pay is one where you put in a reference number and the amount. I pay about 120 people a week. I put the wrong reference number in and didn't have time to check. I want to find out how I can get the money back. Of course I will pay if I cant get it back. Not happy that my boss has told me that though rather than help me get it back. So yes I should have been more careful blah blah. If someone had have paid you by mistake,would you give it back? I would, as soon as I realised. Unfortunately some people are plainly sh**s

Answer 1

your boss cannot insist you pay it back, he should be insured for that kind of mistake.

sh!t happens, if you have an address go round with a mate and slap him about until you get your money.

Answer 2

How was the person paid? If by cheque, then check to see whether it's been cashed or not. If not then you can stop it, though there'll likely be a small charge. In any case that charge will be in the order of 5-10% of the amount paid.

In terms of deducting the payment from your wages, your boss has no right to do that unless you've waived that right in your employment contract. (Employment Rights Act 1996, s. 13). Even if you have waived this right then they can only deduct up to 10% per pay packet. You would need to be on ~35k for them to be able to take it all in one go.

If they still insist, it's tantamount to theft and I would suggest speaking to your local Citizens Advice Bureau. They offer free consultations - see http://www.citizensadvice.org.uk/

Answer 3

The first thing to do is look at your contract.

Section 13 of the Employment Rights Act 1996 says that companies may only take money out of your wages if there is a written agreement in your contract which says they can, or by statutory power (eg national insurance or student loan repayments).

Even if your contract allows it your employer can only take a maximum of 10 per cent from any one pay packet.

Answer 4

Your boss cannot legally reclaim from you. He should be covered by insurance and any one can make a mistake though bet you double check everything in future. You could go to the local police station and see if they can help as they may have other complaints against the person concerned.

Answer 5

Hi
Your employer can not deduct without your express approval in writing - if he is not covered by insurance and he has the right to deduct then he can only deduct a part of on a month basis until completion. The website below gives all the legal requirements and has links to helplines as well

Answer 6

Firstly your boss cannot take it out of your wages this would be illegal if you sent the payment by cheque just look for if it has been cashed if it has ask the bank to see where it was presented if you sent the cheque and he cashed it he must be at the adress you sent it to if it hasnt been cashed yet cancle the cheque hope this helps good luck

Answer 7

Unless it is specified in your contract of employment that you are responsible for mistakes financially (which I doubt it does) your boss can'ttouch your wages - if he does it is theft!

All companies have a threshold for losses and shrinkage - he'll have to accept it as it was - an error!

Answer 8

It is illegal to take it out of your wages unless it says so in your contract. You should get legal advice, your entitled to free 30 min consultation.

Answer 9

Your boss has no right to deduct it out of your wages without your express permission.

Answer 10

I'M AFRAID THERE IS NO WAY YOU CAN GET THE MONEY BACK.IF HE WAS STILL ON THE PAYROLL YOU WOULD HAVE BEEN ABLE TO DEDUCT IT FROM HIS SALARY.IT SEEM A BIT UNFAIR THAT YOU HAVE TO PAY THE MONEY BACK YOURSELF,BUT THE FIRM HAS TO COVER IT'S SELF.