Money rec'd from a job I never started - advice please

13

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  • GDB2222
    GDB2222 Posts: 24,619 Forumite
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    Undervalued wrote: »
    Oh yes it is!

    What you have quoted would be of some (limited) relevance if the OP was in pocket as a result of an error by a bank or other organisation over which the FOS has jurisdiction.

    In an employment situation (which this would seem to be) there are incredibly few situations where somebody who is overpaid has a right to keep the money. This certainly wouldn't be one of them.

    And, of course, you have a reference for that?
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Undervalued
    Undervalued Posts: 8,844 Forumite
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    GDB2222 wrote: »
    And, of course, you have a reference for that?

    You can research the very few high court (or above) decisions that have gone in favour of an employee keeping an overpayment of salary yourself. Anything below high court level (or the Employment Appeal Tribunal) does not set a precedent.

    A case won by an employee against Barclays Bank is a good example but they are few and far between.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    catflap11 wrote: »
    How did they get your bank details? did you complete forms with your bank information on? normally that is done once you commence work? (or at least in my experience it is).

    Anyway, as everyone else has said, you owe them it, simple as that


    Yes, I don't understand how M&S got the bank details. I'm also surprised they would pay someone who never even turned up for their first day at work. No timesheets no nothing!
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Manxman_in_exile wrote: »
    Yes, I don't understand how M&S got the bank details. I'm also surprised they would pay someone who never even turned up for their first day at work. No timesheets no nothing!

    Marks and spencer take bank details during the interview stage. Op accepted the offer a role.

    They also pay temps every 2 weeks so once a position is offered the payroll data is input and started to ensure they are paid on time. It used to be that the first wage was cash but that ended. They do this so no one missed the first wage.

    Op accepted the role, so the ball will have started rolling. There are also no time sheets, you are paid your contractedhours. I'm imagining the 146 is two weeks pay st her contracted hours.
  • daytona0
    daytona0 Posts: 2,358 Forumite
    TELLIT01 wrote: »
    My wife and I have had a joint account for everything ever since we married. No problem of any sort. All payments into the account are itemised so where's the problem?
    To me, not having a joint account suggests a lack of trust between the parties.

    How can they be itemised if you incorrectly assumed that a wage payment was for your wife ? Not saying you are to blame like, just that you have found out one of the limitations of sharing a bank account...

    Each to their own about trust like. Not my cup of tea as you can guess
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    marliepanda wrote: »
    Marks and spencer take bank details during the interview stage. Op accepted the offer a role.

    They also pay temps every 2 weeks so once a position is offered the payroll data is input and started to ensure they are paid on time. It used to be that the first wage was cash but that ended. They do this so no one missed the first wage.

    Op accepted the role, so the ball will have started rolling. There are also no time sheets, you are paid your contractedhours. I'm imagining the 146 is two weeks pay st her contracted hours.


    Ok - that's interesting.


    But I'm curious to know how M&S Payroll know whether a new starter has (or more importantly has not) turned up for work as expected? Unless temp staff are paid in advance and the Op's start date either was pay day or just before, I don't see how the salary payment couldn't be stopped in time(*) once it was clear they weren't going to turn up for work?


    (*) I know! I used to work in the NHS and know of many overpayments where staff weren't terminated properly. But I've never come across one where the "employee" never even turned up for work!
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Manxman_in_exile wrote: »
    Ok - that's interesting.


    But I'm curious to know how M&S Payroll know whether a new starter has (or more importantly has not) turned up for work as expected? Unless temp staff are paid in advance and the Op's start date either was pay day or just before, I don't see how the salary payment couldn't be stopped in time(*) once it was clear they weren't going to turn up for work?


    (*) I know! I used to work in the NHS and know of many overpayments where staff weren't terminated properly. But I've never come across one where the "employee" never even turned up for work!

    I would imagine there has been some miscommunication due to the OP accepting and then declining the role. (I'm assuming she called when she got home rather than not turning up)

    It's come about due to them attempting to make sure no one goes
    Months waiting for pay. It absolutely does not mean you get to keep it :p

    Marks and spencer would also never pay 'twice' in a week, for any reason. The fact the OP didn't check what they were paid is on her. Both made mistakes clearly, but none make it so the OP can keep the money.

    M&S do accept payment plans. I had an overpayment myself when I left due to holiday taken but not accrued. The options they offered very pretty low and over a long term so someone who needed that would be able to find one to suit.
  • sammyjammy
    sammyjammy Posts: 7,376 Forumite
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    TELLIT01 wrote: »
    My wife and I have had a joint account for everything ever since we married. No problem of any sort. All payments into the account are itemised so where's the problem?
    To me, not having a joint account suggests a lack of trust between the parties.

    I always thought you were a lady :D
    "You've been reading SOS when it's just your clock reading 5:05 "
  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    S/he could be.... women can have a wife, nowadays....
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
  • burnoutbabe
    burnoutbabe Posts: 1,338 Forumite
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    I;d want to be very sure what the payment was for - does it take into account tax and NI? in which case they need to seriously sort that out before you refund the payment, as you will be taxed at year end on this "income"
    So they need to give more details and ensure they fix your records.
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