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Do I have to repay wages?

Hi all,

I got a situtation where I work for a company that provides IT support services for schools.

I get paid a yearly salary where I get two months off for the summer (jul and august). Apparently if I dont stay until october, I have to pay the holiday salary back as stated in my contract.

However, i just got told that once they make the payment in to my account theres no legal way that they can get the money back. I therfore can keep the money..

So can anyone shed any light?

cheers

frank

Comments

  • viktory
    viktory Posts: 7,635 Forumite
    They are within their rights to take action to recover any overpaid wages.
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They would take legal action to get to repay
    Vuja De - the feeling you'll be here later
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    ftb999 wrote: »
    Hi all,

    I got a situtation where I work for a company that provides IT support services for schools.

    I get paid a yearly salary where I get two months off for the summer (jul and august). Apparently if I dont stay until october, I have to pay the holiday salary back as stated in my contract.

    However, i just got told that once they make the payment in to my account theres no legal way that they can get the money back. I therfore can keep the money..

    So can anyone shed any light?

    cheers

    frank

    Depends when their year is, if you have not worked a full year to accumilate the time for those two months then you will only be paid the time off that you accumilated. As long as they meet their contractual holiday and it is above statutory they can claim back any extra payment.
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • SarEl
    SarEl Posts: 5,683 Forumite
    ftb999 wrote: »
    Hi all,

    I got a situtation where I work for a company that provides IT support services for schools.

    I get paid a yearly salary where I get two months off for the summer (jul and august). Apparently if I dont stay until october, I have to pay the holiday salary back as stated in my contract.

    However, i just got told that once they make the payment in to my account theres no legal way that they can get the money back. I therfore can keep the money..

    So can anyone shed any light?

    cheers

    frank

    Dream on! It is called "debt" and if you owe them money that they have paid you but which you are then not entitled to - oh yes they can get it back. And in the process possibly land you with a county court judgement and a bad credit score. My advice would be to not even think of going there...
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    ftb999 wrote: »
    Hi all,

    I got a situtation where I work for a company that provides IT support services for schools.

    I get paid a yearly salary where I get two months off for the summer (jul and august). Apparently if I dont stay until october, I have to pay the holiday salary back as stated in my contract.

    However, i just got told that once they make the payment in to my account theres no legal way that they can get the money back. I therfore can keep the money..

    So can anyone shed any light?

    cheers

    frank

    Yes, its rubbish. By law they have the right to reclaim the money including taking you to court for it. Whilst they cannot remove it from your account, they can stop paying you until its returned or take legal action to recover it.
  • shikoku
    shikoku Posts: 671 Forumite
    They can't take it back from your bank account, but they could take you to court to reclaim it.

    Whether or not they would actually do this is very debatable. Companies consider this sort of thing to be very bad publicity.

    You could pay a game of who blinks first, but if they actually start court action it would be time to pay if you want to avoid a CCJ.
    ~*~ If you don't need it, it isn't a bargain ~*~
  • David_Brent
    David_Brent Posts: 697 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Beleive me they would take you to court, I have 'dealt' with someone in the medical profession that got paid 3x their salary in error... and they refused to pay it back. You will go to court and you will lose your job. :-)
    !"£$%^&*()
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    What does the contact actully say?

    What hapens at the other school breaks?

    There will be minimum payments required based the contract and statutory requirements

    if you leave you need to work out what these will be.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    ftb999 wrote: »
    ... i just got told that once they make the payment in to my account theres no legal way that they can get the money back. I therfore can keep the money...

    You were just told wrong.

    They can pursue all the usual legal channels to recover money they are owed.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
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