Being overpaid by 1 month salary

jim_cz

At the end of April I left my previous job but to my surprise at the end of May I received on my account full salary for May. My previous employer apparently didn’t notice that I had left.

Now, 2 days ago I received a very curt letter demanding immediate return of the money without a single sentence - “sorry for any inconvenience”. The employer has also mentioned that it will send p45 only after receiving the money back.

I know that I have the moral obligation to return the money but anyway, is there any chance to keep it? . And does the employer have the right not to send me p45?

borders_dude

jim_cz wrote: »

At the end of April I left my previous job but to my surprise at the end of May I received on my account full salary for May. My previous employer apparently didn’t notice that I had left.

Now, 2 days ago I received a very curt letter demanding immediate return of the money without a single sentence - “sorry for any inconvenience”. The employer has also mentioned that it will send p45 only after receiving the money back.

I know that I have the moral obligation to return the money but anyway, is there any chance to keep it? . And does the employer have the right not to send me p45?

If a bank accidentally puts money into your account and you withdraw it then legally you have to return it.

Im presuming the same applies if a third party accidentially transfers money into your account.

cat10_2

The employer must give you a P45 when you stop working for them, you are entitled to it by law.

For more information please see Directgov.

TheConsumersRight

You have to pay the money back but the P45 is a separate issue and they must give that to you. I suppose they are attempting a Mexican stand-off. It is shameful how manners and respectfulness don't feature within the veneer of chummy-US-led managementesse but you will hardly come across as an accommodating individual if you try to profit in this manner from their incompetence.

Send it back by transfer but send a separate letter beforehand by special-delivery stating that you want either your P45 or a written justification for its retention within 10 working days. I would also add that you should pay a visit to your local Citizens Advisory Bureau beforehand.

katyhopes

Already by the sounds of it you are not on good speaking terms with your previous empoyer so i'd try contacting your local tax office for your P45 advising them that your previous employer is refusing to give it (up to you if mention why) they can get a copy as they will have sent it to them probably already. that then gets them tax office on their case also

Becles

Why would you expect to be able to keep the salary for work that you haven't done?! Of course you have to give it back as it was sent to you in error.

If by mistake, they didn't pay you for your last month's work, would you let that go or would you ask for your wages?

podperson

The employer has a legal obligation to send you your p45 but yes you do have to return the money. Have you checked your old contract with them, most companies now have it written in that any overpayment must be paid back or legal action will be taken.

jim_cz

Thanks to all of you for your entries.

Yes, I know that I have to return the money, I was just curious if there isn’t any loophole that would enable me to keep it . I don’t know much about the British law, as you probably could recognize from my poor English, I’m an immigrant.

It’s about £2000 that they sent me by mistake and I’d struggle to pay it back all at a time. Do you think there is a chance that they would agree with instalments?

COOLTRIKERCHICK

if it wasnt yours, and you knew they had paid you by mistake, why did you spend it?

Miss_Qwerty

jim_cz wrote: »

It’s about £2000 that they sent me by mistake and I’d struggle to pay it back all at a time. Do you think there is a chance that they would agree with instalments?

How can you not afford to pay it back all at the same time? You wern't expecting it to be in your bank account, so it's not like you accidently brought something for £2000 and now don't have the money. Unless you were planning on going £2000 overdrawn on your account of course. Or unless you saw it in there, decided to spend it all quickly and say nothing but then received the threatening letter from your ex-employer.

BitterAndTwisted

The payment of your wages in error for May will affect the figures on the P45 which is the reason why they need the payment back before they can issue it correctly. Refund the money right away even if it means you will be overdrawn: it wasn't yours, you knew it wasn't and you need to refund it. End of