Wages overpayment when lefted

xlt_hunter

Not sure if this is in the right place for this, if not can the mods move to a more suitable forum.

Right, I left my last employer at the end of last month (March 06) with 1 month notice handed in 4 weeks in advanced (in Feb 06) as per the contract. And started my new employer at the start of this month.

I have now been informed due a c**k up at my old employer, one of the head managers didn't forward my leaving letter to Central HR that deals with the wages. So I have also been told not via my employer but though my father who is also at the firm (and also is leaving this week) that I "might/will" be getting another months pay that I shouldn't have.

Now they owe me some ££ for the petrol allowance owed and overtime owed which they know and knowledge about and I am looking to keep this. But what do I do about the overpayment? Am I right to believe that once this payment of wages has hit my bank account, there is nothing they can do right/or wrong?

The cheek of them also asked if I can do weekends for them (not that I'm going to, my time is more vauleable than watching eggs going by) also not sure what my new employer will say about moon lighting and they also buy products off my old employer.

To be honest, this is going to mess up my taxes paid though the PAYE system and they will think that I have had 2 paying jobs on the go - I have filled in a P46 2 weeks ago and signed with my new employer (and will be handing this in without delay on Monday morning now)

So, what do I do?

M

CIS

They have a legal right to reclaim the money, if you dont repay voluntarily, they can take legal action to recover it.

mountainofdebt

(and sorry to be picky) but you couldn't have filled in a P60 - that is the form that is given to you by your employer at the end of the tax year stating what tax, NI and gross pay you have earned throughout the previous tax year.

What you must have filled in is a P46 which is given to a new employer when you start a new job during the tax year should you not have a P45 to hand to your new employer. I think it is then passed to the Tax Office that deals with your new employer (might be the same one as your old employer deals with) and they then tell the new employer what tax coding to operate.

I'm guessing here but if they owe you overtime and petrol expenses then these I would imagine would be covered in the pay that you will receive but as far as any surplus is concerned you will be liable to pay it back.

(btw if they owe you overtime - which is subject to tax/ni then they couldn't give you a P45 until this was paid.however given that they have have probably overpaid you, I reckon what they will do is issue you with a new payslip in May (assuming you are paid monthly) showing a reclaim of the overpayment which will in turn show tax being returned as repayment and THEN send you a P45. Once your new employer has this he will be able to operate the correct tax coding for you and it will finally come out in the wash in June's salary)

As far as the overtime is concerned - if you don't want to do it why get worked up about it - a simple no thanks will suffice.

scheming_gypsy

xlt_hunter wrote:

The cheek of them also asked if I can do weekends for them (not that I'm going to, my time is more vauleable than watching eggs going by) also not sure what my new employer will say about moon lighting and they also buy products off my old employer.

You're not moonlighting you're working 2 jobs and it's got nothing to do with your new employer unless stated in your contract that you can't.

xlt_hunter

Sorry, its P46 - getting confused now

True SG - but my contract ended with firm 1 (whom ask if I can work over the weekends since they don't have the staff - to me thats not my problem) to me this is a right cheek. If I did I would have no come back should things go wrong since I have no contract for it - |I am not going to do, end of story.

mountainofdebt- to be honest, I think they did this to muck me up for a few months overhow, as per reclaim of the overpayment can they force the banks to reclaim though the account? What I don't want to happen is un authroised amounts coming out the accounts if you know what I mean.

M

mountainofdebt

what will happen is that your old employers will write to you asking you for a cheque representing the overpayment.

Obviously there might be a delay in you sending them the cheque but I wouldn't forget about it completely....especially if they decided to start legal action to recover it.

Savvy_Sue

And of course, if you're in any doubt about how much they owe you for overtime etc, then when they write to ask for the overpayment, you write back and say "of course, when you adjust what you think I owe you in the light of what you didn't pay me when you should have done!"

xmaslolly76

If the monies are paid by BACs they can reclaim the money back as long as it is done on the day it is paid in after that they need your permission to remove it.