Being overpaid by 1 month salary

Smallfries

geordie_joe wrote: »

I have to say, the above is not exactly correct. My fault, I didn't read the case notes enough.

Even if you still have the money, but there has been a change in your position, entirely due to you having that money, then you may keep it too.

As an example, if you turn down a higher paid job just because your boss has overpaid you.

Obviously you wouldn't turn down a higher paid job just because your employer pays you an extra months wages, but you might if he tells you your getting a bonus then gives to £250,000 more than he planned to.

It would be pretty hard to tell your boss you are leaving for a better paid job after he has just bunged an extra £250,000 onto your bonus!

this bit i agree with as its clear in the judgement you referred to, the change of position quote i meant was as you said, guidance, which is however a judge sees a change of position. not you or i.

geordie_joe

Smallfries wrote: »

this bit i agree with as its clear in the judgement you referred to, the change of position quote i meant was as you said, guidance, which is however a judge sees a change of position. not you or i.

You are right, but you are missing one small point, the appeal court guidance always wins. It doesn't matter what the judge thinks or does. What the appeal court guidance says to judges is "In these circumstances, you will come to this decision, if you don't we will overturn your decision".

In this case the appeal court judges set out what circumstances a judge should favour the employer, and what circumstances the judge should favour the employee. If a judge, in circumstances that should favour the employee, favours the employer, then the employees solicitor/lawyer will know this and appeal.

When it gets to the appeal court, the judges will think "Is this judge an idiot, he was told to favour the employee and he's done the exact opposite". Then they will overturn the decision.

So it doesn't matter what the original judge thinks, he has been told what to decide by those above him, and if he doesn't do it his decision will be overturned.

Lo-Lo

Are you sure it isn't yours - most jobs I've had you work a month in lieu at the beginning, so should I leave my job I would get a wage the month afterwards to get me straight.

jim_cz

Thanks again for your willingness to spend some of your precious time to give me some tips how to sort out this awkward situation.

I’m surprised that some of you express astonishment that I’ve spent the money without being sure that it was mine or not. As I mentioned above, I’m an immigrant originally from Eastern Europe and only during my 3 years here I’ve learnt what it means to SPEND money, live in DEBT and don’t care too much about the consequences. This society is based on such way of life and so I’ve only adapted myself.

I’m annoyed about the company because it was the worst employer I’ve ever had. Conditions were like in industrial revolution in the 19th century, laws mean nothing to them and now I’ll have to spend time = money to sort it out. They want me to send it by cheque. You can laugh as much as you want but I’ve never used a cheque before and I don't have any so I’ll have to write them back and ask them for a possibility to pay via bank transfer and ask for the instalment stuff. They really deserve not to get the money back, that’s why I raised the question here.

When_is_the_reset?

I have changed my mind - keep the money and let them chase you.

They may not even bother and if they do it is far from clear if they will succeed.

Smallfries

Lo-Lo wrote: »

Are you sure it isn't yours - most jobs I've had you work a month in lieu at the beginning, so should I leave my job I would get a wage the month afterwards to get me straight.

this is a good point, did the OP get a wage slip etc??

fiona242

Why do people always think employers are holding your P45 hostage?

A P45 can only be issued once - if it is wrong, or you lose it you cannot issue another one.
Your employer is probably waiting for you to return the money first, so they can issue your P45 with the correct details.

In any case, if you start another job you can always fill in a P46 to the same effect (although you will not get the benefit of any tax rebate you may be due until your old employer has informed the Revenue you have left)

The loophole that you're looking for is called estoppal, where you can argue your right not to repay the money if all of the below apply
1. You were not aware of any error, and were not to know it was incorrect
2. You did not contribute to the error
3. You spend the money normal (i.e. as part of your normal monthly spending/budget)
Even if all 3 apply it can still be very difficult to prove, and in my experience courts will favour employers.

I'm afraid to say that in this case it won't apply - you left at the beginning of the month, so you knew this payment was incorrect. Even if you didn't cause it, you are not entitled to the money, and they have every right to fight you for it.
If your employer is anything like mine, they won't give up easily!

allan673

this happened to a friend of mine, he did spend the money and arranged to pay the employer say £20 per month.
he then stopped the d.d and hasnt heard a thing.

jim_cz

Smallfries wrote: »

this is a good point, did the OP get a wage slip etc??

No, I’m missing two wage slips. One for April (I left 26.4) and the other one for May (the month I shouldn’t have been paid for but I was).

I’ve decided to ignore the first letter and wait for a second one and then I’ll see..

woody01

As I mentioned above, I’m an immigrant originally from Eastern Europe and only during my 3 years here I’ve learnt what it means to SPEND money, live in DEBT and don’t care too much about the consequences. This society is based on such way of life and so I’ve only adapted myself.

Feel free to leave at any point then if our society is that misguided.