Salary overpayment by ex-employer

Renton_2

Hi all,

I left my part time job with a local council in Scotland at the start of August; I subsequently received a salary payment of around £70 which I wasn't expecting. I called the council in question to check that I was due this money as I didn't think I was; I was told by the payroll department that yes, the payment was correct.

Now they have contacted me to say that actually I had been paid the £70 in error and they'd like it back.

Am I within my rights to point out to them that I questioned this at the time and as they confirmed that the payment was correct, I'll not be repaying it? I know it may not seem much, but money is far too tight to mention at the moment without having to find £70 from somewhere!

Thanks

Jarndyce

Renton wrote: »

Hi all,

I left my part time job with a local council in Scotland at the start of August; I subsequently received a salary payment of around £70 which I wasn't expecting. I called the council in question to check that I was due this money as I didn't think I was; I was told by the payroll department that yes, the payment was correct.

Now they have contacted me to say that actually I had been paid the £70 in error and they'd like it back.

Am I within my rights to point out to them that I questioned this at the time and as they confirmed that the payment was correct, I'll not be repaying it? I know it may not seem much, but money is far too tight to mention at the moment without having to find £70 from somewhere!

Thanks

No you are not. The payment is an administrative error and you can be required to pay it back. Whether or not they would pursue it in practice if you argued the case is another matter, but if they wanted to be difficult they could take you to court.

Uncertain

Yes......

You are within your rights to point it out but not to hold on to the money if they insist on having it back.

Under the circumstances I would be tempted to write a polite but firm letter pointing out that you did the correct thing and that person X was at fault for giving you the wrong information.

I would have thought there is a reasonable chance they will waive it but equally they may insist in which case you will have to pay.