Overpayment of Salary

harryjarman

I left my job at a department store to go to university in September. Since then I have receive an extra payment then what I should have. As soon as I noticed, I transferred the money to an account I don't use for safe keeping and notified my old manager who said they would take care of it.

I know I have now been removed from payroll as another payday has passed without me receiving anything. However, I have not been contacted regarding re-payment.

My question to you wonderfully helpful people is this; is there a certain time period that they have by law in which to ask for repayment after I have notified them?

A friend of mine says that there is such a limit (about 16 weeks) on credit card transactions... is there something similar, or is it a case of they are entitled to ask for repayment whenever they want, no time limit.

Any help will be gratefully received.

stephent82

Under our law (up here), as you have noticed the error it is your responsibility to repay the overpayment... otherwise it is theft. If I were you, I would write a cheque and take it to your old work and hand it over on receipt of a receipt - and do it as soon as.

If you hadn't noticed the overpayment I believe (however I will need to check) that legaly the cash would be your after 6 years.

harryjarman

When you say up here, are you referring to Scotland?

stephent82

harryjarman wrote: »

When you say up here, are you referring to Scotland?

yes - the land of wind and rain.

harryjarman

Ahhh thank you for your reply!

SarEl

It is indeed six years. But I concur - whilst it is not technically theft (you have to remove with the intention of depriving) in law it is morally, and no matter how short of money one may be, you know it. Best to write to the employer, say that you have received this payment and are not sure what it is for, and could they advise you whether it is an error. That way you have been honest - if they don't reclaim it then it's yours in six years!

InsideInsurance

SarEl wrote: »

you have to remove with the intention of depriving

Is not refusing to return it therefore theft as you are then intending to deprive?

kingfisherblue

Did you work a week or a month in hand? In other words, were you paid in arrears? If the answer is yes, it could be your final payment of wages. Also, could it be pay for holidays accrued but not taken?

Personally, I would write to the payroll department and request that they give you the details of why you were paid X amount on this date.

SarEl

InsideInsurance wrote: »

Is not refusing to return it therefore theft as you are then intending to deprive?

It is - but since nobody has yet asked for it back then nobody has refused to return it.