Paid twice from one job...what should I do???

In_Search_Of_Me

I would check payslips (if you havent) then contact them in writing & ask for clarification & pay it back. Not sure if yo are taking them to a tribunal but if you are it will look REALLY bad if you keep it, as one person says if you know that its not yours then its theft! Not really worth the stress is it?

beanielou

How can it be theft if they are the ones in the wrong?

lynzpower

They may have stopped the cheque in any event, if they are as bright as my employers, they might not notice :rolleyes:

do the maths, maybe broken hearted is right- could it be for your hols? Hope it is :beer:

LJD1_2

Sorry, i'd keep it. If you've suffered intimidation, bullying etc they actually owe you a lot more. Keep it to one side incase they ask for it back but if you've gone through all that you deserve it!

JohnInDebt

Keep it aside but don't spend it!!

Reliquary

Did the BACS payment hit before, on the same day, or after the letter?

If it is before, or on the same day as the letter date, then, no you don't owe them as they said the cheque attached to the was your full and final payment. If they dispute this, see them in court, you will win!

If the BACS payment was after, the best thing to do is send a letter to your (ex) Line Manager or HR explaining the situation, DO NOT offer to send payment or enclose a cheque. Send it recorded. If THEY do not ASK for it back within 6 months, legally it is yours. If you do not tell them however, it could be considered fraud.

And no, once the BACS payment has cleared they cannot recall the payment.

MinnieSpender

brummiebird wrote:

Not sure if this is the right place for this but unsure where else to ask. I was on long term sick leave from my job for six months (due to severe bullying, harrassment and intimidation) then decided for my mental health it would be better to leave and find something else...well that's just what I did. I have since received a letter from the horrid job with a letter inside and a cheque explaining that this would be my full and final payment from them and what it was made up of (holiday pay to be exact). I have just checked my internet banking and have noticed that they have paid me again by bacs direct into the bank. Obviously I am aware that they are gouing to reqest this at some point but do I...
a) Phone them and tell them
b) Wait for them to get in touch and then pay it back in full
c) Wait for them to get in touch and then tell them I will pay them back at a rate I can afford over a period of months

Or worse still can they just request it back from my bank without my knowledge.
Thanks in advance...Brummie

Hold up, Brummiebird.

Putting the double payment aside for a minute, have you sought any legal advice for this situation? Bullying, harassment and intimidation followed by a period off on the sick (I assume this is stress-related and you have a doctor who can back you up?) sounds very much like constructive dismissal to me. Constructive dismissal occurs when "a series of actions by the employers build up until eventually the employee considers the final act to be 'the last straw'". The fact that you resigned is neither here nor there.

If I were you, I'd get onto the CAB first thing tomorrow morning, or phone a solicitor - they should give you advice for free in the first instance, and if they decide you have a case, you should be able to apply for some kind of financial aid. Get an appointment and take any documents relating to this with you. They will be able to advise you further on this but please don't leave it too long.

They can also give you proper legal advice on the cheque. Personally, I wouldn't cash it just yet - if you do decide to take it further you need to be completely above board.

Annie_Fanny

I would definately cash the cheque and put it in a savings account or summat. Then just leave it there waiting...

I would feel no guilt about this at all.

If they are on the ball they will contact you about this shortly anyway...

wuckfit

first, you MUST contact them and ask for clarification. if you have NOT already paid in the cheque then don't. if you know that you've been paid twice and still pay the cheque in then they could accuse you of fraud. if there's alreadty legal wranglings going on regarding you leaving your job - constructive dismissal claims etc, then they could use it against you.
if YOU contact them first then it will look a lot better than if you stash the money in a high interest account.

if you knowingly cash the cheque while being aware of the duplicate payment then you're actiing fraudulently.

carlih1

I'd call them, this happened to me at christmas but i still work for the company, unfotunately i didn't notice and i wasn't using the account anymore but my car insurance still came out of it and i had to borrow money from a friend to pay it back. Fortunately it has all been resolved but it caused me a lot of stress and worry and they WILL ask for it back.

c x