Incorrect Overpayment by previous employer

steve7

Following a TUPE transfer, on 8th October 2018, I would like your advice.

As part of the agreement, I, and 6 colleagues, were due to be paid a pro-rata bonus at the end of October 2018 and a 'retention payment' from the company that we were leaving if we remained with the new company, but still working onsite, until the end of March 2019 (to be paid at the end of April 2019).

I was due a 'pro rata bonus' payment at the end of October 2018, after tax, of about £900 but was paid just over £8000 net in error.

My colleagues also received way more than was due, some of them double what I received.

From the 7 of us that received this, 3 of us repaid the over payment almost immediately whilst the remaining 4 did not.

I am now aware that because 2 of those 4 people have left the company that we were TUPEd to, and are no longer onsite here, the money can not be claimed back from them - or this is what my ex-IT Manager has told us.

The remaining 2 who did not repay the money will apparently no longer receive their Retention Payment but are still 'quids in' because the overpayment is substantially more than the retention payment which they are due.

Would I be within my rights to approach/claim/sue for the overpayment amount that was paid to me (but returned due to my honesty) if a number of my colleagues who went through the same process can keep it? Has a precedence been set, for example?

I would be prepared to pursue this because the overpayment was £7,000 net whilst my 'retention payment' is £5,900 gross, so a substanial difference.

Thanks,
Steve

McKneff

Of course they can be pursued for the overpayment.
The company has 6 years to chase for payment. Throgh the courts if necessary.
So the recipients will be on tenter hooks for those 6 years...just waiting for the 'letter'

Ex IT manager has no idea what he is talking about.

getmore4less

If you are not happy Remind the employer they can get the money back.

Not sure why you paid it back if you had not been asked for it?