MONEY MORAL DILEMMA: Grant's been overpaid, should he keep it?

Shiggaddi

I had a similair situation 2 and a half years ago. I was bullied into leaving my old job, and to cut a long story short, they eventually managed to sack me. It was a smallish company, but the boss was always going out in his 4x4 style BMW and playing golf with customers.

Anyway, on my final pay, I received the 3 weeks of the month I was entitled to, plus 3 weeks holiday pay. I had taken 1 week of my 4 weeks holiday that I was entitled to, but it was only near the end of November, and the leave year started at the beginning of June, therefore pro rata I should have only been entitled to an extra week of holiday pay.

The accountant was so incompetent he probably didn't realise. The issue was never even bought up during my unfair dismissal claim, which was settled out of court.

I'm now in a much better job, so really my old boss did me a favour.

However, had I been on much better terms with my old boss, and had he actually done more for the company than playing golf, and spending at least 10 weeks abroad a year (leisure not business) then I might have mentioned something.

EDNA

Not definetly, nor even definately - but absolutely and utterly DEFINITELY! (Pedantic, or what!)

saladdodger_2

In this instance, I think that he should own up because he knows that he is quite possibly not entitled to what he has been given. It may be that the calculation is correct but if not, he has knowingly taken something that does not belong to him.

I am in a similar quandry and would really like some advice - I am self employed, I put my hourly rate up in writing 8 months ago and it now transpires that the person who pays the bills, has only just realised and wants the money back as he says the rate wasn't agreed - we're talking over £2,000. It is on all my invoices that have been approved and paid since the rate went up - is he entitled to the money back? I really thought he knew the rate being charged - it was never hidden - does anyone know where I stand in this situation?

wdft

I think it highly likely that the extra weeks money is intentional. However, as the pair have enjoyed a good relatioship for nine years I would suggest that Grant says to Phil, "Thanks for the extra weeks pay, it is appreciated" That way he is being honest and even if Phil had not intended giving the money, I suspect he would be too embarressed to ask for it back

kikibee_2

When you submitted the letter of rise in hourly rate did they need to confirm it or was it a notice of a rise? The person who is paying the bills is clearly not doing his job properly if it has been an oversight for 8 months. Is it a large company you are invoicing or a small one? I think you should take some legal advice about this one and also think about whether you need the work from this company or whether you have plenty of work should relationships between you collapse. Personally, I think they are out of order as you have invoiced them for 8 months and again they are incompetent. You may have to negotiate with them and come to a compromise especially if you rely on work from them. If he is the bill payer in a large company, I would of thought his neck was on the line. But if it is a small company they could pull the rug from under you. Get some advice.

kikibee_2

saladdodger wrote: »

In this instance, I think that he should own up because he knows that he is quite possibly not entitled to what he has been given. It may be that the calculation is correct but if not, he has knowingly taken something that does not belong to him.

I am in a similar quandry and would really like some advice - I am self employed, I put my hourly rate up in writing 8 months ago and it now transpires that the person who pays the bills, has only just realised and wants the money back as he says the rate wasn't agreed - we're talking over £2,000. It is on all my invoices that have been approved and paid since the rate went up - is he entitled to the money back? I really thought he knew the rate being charged - it was never hidden - does anyone know where I stand in this situation?

When you submitted the letter of rise in hourly rate did they need to confirm it or was it a notice of a rise? The person who is paying the bills is clearly not doing his job properly if it has been an oversight for 8 months. Is it a large company you are invoicing or a small one? I think you should take some legal advice about this one and also think about whether you need the work from this company or whether you have plenty of work should relationships between you collapse. Personally, I think they are out of order as you have invoiced them for 8 months and again they are incompetent. You may have to negotiate with them and come to a compromise especially if you rely on work from them. If he is the bill payer in a large company, I would of thought his neck was on the line. But if it is a small company they could pull the rug from under you. Get some advice.

saladdodger_2

The letter of rise was a notice, rather than anything that needed confirmation. It was in capital letters on the bottom of the previous month's invoice, telling them that from the next month, a new rate of £x would be payable. This wasn't just me, I work with a colleague who does the same and she also told them about the new hourly rate. Like I say, we also state it on the invoices that have been submitted ever since and which are "scrutiniused" by one of the Partner's and a finance director who sign them off for payment - our trouble is that the firm we have been working for are solicitors so I guess we need independent legal advice. I think that if we stick to our guns, then we will loose the work but that is the price we are willing to pay because as far as we are concerened it was their mistake, not ours, and 8 months is a bit late in the day to realise it ...

thanks for your advice anyway

kikibee_2

well salad
i think you are right to stick to your guns and if you can get work elsewhere it is worth the fight. I agree 8 months is a ludicrous amount of time to wait before they realised. good luck

barri_2

Honesty IS the best policy, whether it may give a future benefit or not.

Better_offin_PETES_pocket

He should do the right thing. That is tell his boss. His boss will look at him as a fully honest and trustworth person. He will more than lickly for his honesty say thanks but for being honest keep it. Or infact he could say. Yes i know its a small bonus. But thats for telling me. If it was the other way round grant would want Phil to come clean. !! I know i would. Always remember.. What goes around comes around.