Rights when mis-paid by ex employer

brisali

Hi,
I have a query as I have no idea where I stand. I want to do the right thing but am also really frustrated!

I resigned from a casual job in June this year, emailed my manager and said I wasn't able to work for them any more, they said thanks for letting us know.

At the end of August I received a payslip (and payment) from that employer and the payslip detailed that was being paid for a role that I didn't do. I rang my ex-manager they had no idea and gave me number to call, I did and left a voicemail. Heard nothing so emailed them this week.

After a frustrating email exchange, them asking me to provide details (NI and DOB) then details of what I was paid when, surely they should have this on record having given them all of my personal details. Anyway, they then just sent a message saying, having liaised with the finance department they can confirm a repayment is due, please do so by BACS or cheque. Then I have to let them know when I have done so and by what method so that they can reconcile it with finance.

This is expected but what annoys me is the lack of apology or acceptance of any mistake from them, I could've kept quiet as I have no reason to have any more contact with them.

I have also been wondering about GDPR, having resigned in June should they still have my details on file to be able to make this mistake?

It really riles me because when I first applied to join their temp team I had an email saying I wasn't accepted, then had a phone call saying "congratulations, let's arrange for you to come in for the paperwork", I questioned them saying I had been rejected and they said no no, and we arranged a meeting. I then received a phone call later saying that I had been rejected after all, they'd got me confused with someone else! I then got the casual work in a different department.

Anyway, I'm not sure what I want from the situation, and understand that I should repay the money (it's only a relatively small amount) but I feel I've been inconvenienced by a mistake that shouldn't be able to happen by an employer that I am no longer employed by.

Any thoughts anyone?

Thanks in advance

Comms69

forget the GDPR thing; yes they should have your details. You have 6 years to claim against them, so very valid reason to keep a record.


Repay the money and move on

Les79

brisali wrote: »

This is expected but what annoys me is the lack of apology or acceptance of any mistake from them, I could've kept quiet as I have no reason to have any more contact with them.

Why would they apologise to you when they are getting money back from an ex employee? If anything, they should be thanking you...

I have also been wondering about GDPR, having resigned in June should they still have my details on file to be able to make this mistake?

Well, not sure about GDPR specifically but common sense says YES because of situations like this and because future employers/HMRC may need the details when you start your new job. Pretty sure GDPR runs somewhat in line with that logic.

Anyway, I'm not sure what I want from the situation, and understand that I should repay the money (it's only a relatively small amount) but I feel I've been inconvenienced by a mistake that shouldn't be able to happen by an employer that I am no longer employed by.

Any thoughts anyone?

Thanks in advance

I admire your honesty to be fair, many people would simply not tell the employer and see if they get away with it (there is a fair chance that they will get away with it).

But in terms of compensation, technically you could probably take them to court for costs incurred but what are your losses?! A 20 minute phone call to the company? Phone calls these days cost buttons in general... What else?

somethingcorporate

It would have taken you less time to sort than write that very long post.


How about get it sorted and just use the warm feeling you get from doing something that doesn't come with self-interest/self-gain as the primary motivator?


Not sure what you are after but you'll be entitled to next to nothing.

badmemory

One good thing has come out of this - you have had it confirmed that you made the right decision to stop working for them! Pay them by cheque, preferably with a proof of posting if not delivery. Pay them by BACS & they will probably never find it in their accounts! Incompetence rarely comes in singles.

Undervalued

brisali wrote: »

Anyway, I'm not sure what I want from the situation, and understand that I should repay the money (it's only a relatively small amount) but I feel I've been inconvenienced by a mistake that shouldn't be able to happen by an employer that I am no longer employed by.

Any thoughts anyone?

Have you never made a mistake?

Mistakes happen but they are fully entitled to correct it by asking you for however much you owe. If it was entirely their fault then it would be courteous of them to apologise, for what it is worth, but they are still entitled to the money.

Presumably if they hadn't paid you enough you would have written it off? After all, that is what you seem to expect them to do!

TBagpuss

I agree with other posters. It's irritating that they didn't thank you for bringing it to their attention, but it has n't cost you anything other than a small amount of time, and perhaps a stamp.

RE: GDPR - this doesn't prevent organisations keeping data about you, simply that they must have valid reasons for doing so. It is entirely reasonable to keep staff details for a period after someone leaves, if for no other reason than to be able to deal with any issues like this one !