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Claw back of bonus in PAYE before last day

My employer paid me and everyone in my department a lump sum bonus of £3,000 earlier this year in June.

I resigned from my role recently and as part of the agreement of the bonus, anyone who leaves before the end of the year has to pay back the bonus amount in full. (Claw back).

However, how is my employer able to do this? I obviously paid tax on the original bonus amount £3k in June in addition to my basic pre tax gross salary of £4000 so my gross total in June was £7000 of which £3000 was the bonus, prior to tax.

I've told my employer if they can to just adjust the amount gross they pay me in my final payslip so this would be £1000 only, as my usual basic salary is £4000 a month, so minus the £3000 the company then receives its money back by paying me less.

Is this legal and is my employer able to do this? They have been incredibly reluctant to do it this way but this is the only way else I'll pay tax twice, on receiving the bonus and then giving it back?! :mad:

Comments

  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    You'd get the tax refund later at the end of the tax year anyway if they don't.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • energy1x
    energy1x Posts: 77 Forumite
    Thanks for your reply.

    It looks and sounds like they're going to grab it from me after tax (net) pay. How will I claim back the difference? Will the tax man notice and pay me back or how will this work.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    They should adjust the gross pay by the gross amount of the bonus.
  • energy1x
    energy1x Posts: 77 Forumite
    They should adjust the gross pay by the gross amount of the bonus.

    This is what I asked for and they seemingly agreed however they have now changed their mind and I don't see how or when I'll be able to work out the tax I am owed back and then who will pay it back?
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    energy1x wrote: »
    This is what I asked for and they seemingly agreed however they have now changed their mind and I don't see how or when I'll be able to work out the tax I am owed back and then who will pay it back?

    You might want to point out to them that the only way that they can get their employer's national insurance back is to adjust the gross pay.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Were there pension contributions taken into account?
    Don’t be a can’t, be a can.
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