Still being paid.

PasturesNew

AlwaysWorking wrote: »

Lol, my mistake, sorry! I'm a month ahead of myself!! The joys of having been made redundant...I can't remember what date it is!

I nodded off and woke up at 8pm last Wednesday night, brushed my teeth, pottered about, turned the news on ... no news... couldn't understand why as I was convinced it was 8am Thursday morning

woody01

mlamont19 wrote: »

Hi guys.

Hope you can give me some advice.

I left my previous employer about two months ago now. Did everything by the book, handed in a letter of resignation etc and moved onto my new job.

At the end of July I got a payslip through stating I had been paid by them. This is obviously an error on their behalf, I haven't worked for them for two months and told them I was leaving.

As this is clearly an error on their payroll departments behalf will I have to pay any money back? - I did everything by the book saying I was leaving...

any advice would be greatly appreciated. (I also contacted payroll this morning to advise them of this to stop any further payments - so I've been honest about it)

Can you spend it?
Of course you can't. Its a mistake and is theft if you do.

Looks like your new employer may have to start nail ing things down.

Uncertain

There is no doubt that if they ask for it back (within 6 years or 5 in Scotland) you will have to repay it.

However, what I'm less sure about (from a strictly legal point of view) is if you are under any obligation to tell them.

Perhaps somebody may know the correct answer to this - as opposed to their "spin" on what they think it should be !!

janninew

PasturesNew wrote: »

Me too. The OP didn't inform them there had been an error until this morning. The OP only told them during their employment that they were going to be leaving.

But how could the OP have told them when they were still employed? They got paid at the end of July and received a pay slip, the OP then states that he contacted payroll and informed them. He got the money (i assume) at the end of July and contacted them this morning to inform them of their error. I can's see what the OP has done wrong? Received money, then a couple of days later informs the payroll department!

PasturesNew wrote: »

The OP only told them during their employment that they were going to be leaving.

I have no idea what you mean by this?

onlyforboards_2

janninew wrote: »

The OP has stated that he let the payroll dept know of the error! Sometimes i wonder why people comment who don't seem to have read the OP question? :rolleyes:

Er, pasturesnew is clarifying the legal responsibility and the time frame and had added new information to the thread making their comment more valid than yours. :P

janninew

onlyforboards wrote: »

Er, pasturesnew is clarifying the legal responsibility and the time frame and had added new information to the thread making their comment more valid than yours. :P

I know Pasturesnew was clarifing the legal responsibilities, i was just questioning why they commented that the OP should inform their previous employer! In the OP first post, they told us that they did notify the employer today, as they only received the wageslip at the end of July, i would think that they have acted promptly! I think that is a valid comment!!

rich_months

A loose legal definition of theft is taking something (or spending) that you know isn't yours/received by deception.

In a case such as this, they have six years to demand it back, and you have to give it back if they do, otherwise it is theft.

If you didn't pay it back, you would probably be asked why you did not make reasonable attempts to return it.

There is no "but it's their fault" defence in theft, or "they shouldn't have paid me it".

But... since you have notified them of their error there's little else you can do. Stick it in an ISA and wait and see. But always, always, always make sure you can pay it back on demand within the next six years.

Some will say you should pay it back as it's not yours, but that's a moral interpretation and not a legal one. As I've now said numerous times, legally you only have to pay it back on demand in the next six years.

Puzzledbubbles

Just MHO but i would say post them a cheque for the full amount back - otherwise they can claw it back and i believe they can just reverse the transaction and take it without warning within a certain period .....

Not positive about that thou, but its noth worth the hassle

Mudd14

Thjey wouldnt be able to withdraw money from the OP'sters bank account. They can only ask for it back.

I would ask them to correct the mistake as obviously you have paid tax and NIC on that monery (and so have the employer).

98jdougl

does that mean you last worked in may?? it isn't any holiday/sick/hours owed?
Chuck into a savings account, then when they ask for it back you can have at least gotten some interest on it