Paid too much - keep quiet or come clean?

Earnshp

I’m dumbfounded at the level of spite my post has received, in hindsight I should have realised there are always a section of society that will be trawling through forums making comments and looking for reactions, I know I’ve broken the first rule and reacted, don’t worry I won’t do it again, although I may respond to questions, just not to people who have called me a thief or dishonest and have called for me to be fired.
I haven’t received a penny so I can’t be a thief, I also don’t know conclusively that it’s an error, the way payroll works in my company has been a mystery for years. Is it theft to receive something willing given? Hmm I doubt it, but please don't start with inaction is just as bad, because no, it's not.
Before I was transferred to this company via TUPE I had always received my pay review by being told the increase and my new final salary, the travel allowance was always separate. However, my present company decided to include the travel allowance in my salary total without ever mentioning a change. My subsequent payslips were as I expected, my travel allowance was unchanged and my salary was in line with the salary figure I had been given during my pay review. EVERYONE, including my boss, that received a travel allowance, had the same miscalculation and NOBODY had realised or if they had they kept quiet. I’m confident that if this is the same type of error that all the same employees still receiving a travel allowance will be in the same situation again, my boss and his boss included. Last time it was discovered the senior management were very apologetic, firstly because they knew it was not the employees’ fault but also because they had to tell people they would be getting a pay cut due to no fault of their own.
I am fortunate that I don’t work for the type of company where bosses blame employees for others errors, and much to the disappointment of those calling for my immediate dismissal I have no doubt that I will not be held accountable IF an error has been made. Nowhere in my contract or our employee handbook does it state it is my responsibility to check my salary, any mentions of gross misconduct are related to my conduct within work and to my colleagues/clients and always involve the employee doing something wrong. I know all those taking the moral high ground will insist I would be doing wrong by not saying anything but that’s not the same, no really, before you reply it’s not same thing. I am not a payroll expert nor do I work in the payroll department, therefore I cannot be expected to check their work is correct, I am not expected to check any others departments work either.
I’m going to get on with the rest of my life, I hope the rest of you can too without bombarding the forum with spiteful comments, thanks for those with genuinely helpful comments but my time on forums has come to an end.
PS Apologies for any spelling or grammatical errors I really can’t be bothered to check through the above.

Greenqueen_2

I would be inclined to get in touch with payroll and say something along the lines of.....
“ since the pay rise I am struggling to reconcile the new figures. Can you explain please”

It puts the onus on them to find the error (or not) which then clears your mind.

Jonathan_Kelvin

Tell employer

Jsacker wrote: »

I think there would be quite a few intricacies which could be in play, but it might be hard for an employer to establish "theft" in this circumstance.

I did a brief check out of curiosity, and found this case study which is slightly similar (but more deliberate entrapment rather than a probable mistake leading to a scenario whereby the employer can catch someone "stealing"). That case study, looking at the blurb, seems to be about someone who didn't think they were in the wrong (could apply to an overpayment and someone believing it to be genuine wages etc; obviously not true for the poster on this anonymous forum but who knows in real life what they'd say) but yet being sacked for "theft". I'd probably need to read the whole ET transcript but seems promising in that it seems the employer didn't establish the "theft" element and therefore the dismissal was deemed unfair.

This article, if still relevant, provides some guidance on the "stealing" element and cautions about going in all guns blazing with the accusation.

I would recommend to anyone in this situation (GM dismissal for wage overpayment) that they speak to a solicitor/ACAS because there MAY be a case to be made (assuming >2 years employment). Always worth exploring, as without having a reasonable belief that someone has stolen the money it isn't a disciplinary matter!

You can’t really extrapolate from your workplace to society as a whole; you’re incredibly unlikely to have an unbiased sample.

I’m the sort of person who goes back into a shop if I’ve been given too much change, so yes, in terms of keeping an unfair windfall I’d say that I am virtuous, and I think, and hope, that it’s more common that you believe.

As for the OP, the wildly changing story, while predictable, means it’s not worth commenting further, so I’ll just hope he gets pulled up on it and step away.

ruperts

Jonathan_Kelvin wrote: »

No, but it is the honest thing, and if a member of my staff did what you are planning to do then they’d be at the front of the queue if any jobs were to be cut.

I know that you won’t view it this way, but it’s theft. Being the sort of person who’ll do this, put short term gain ahead of longer term negative consequences is likely a large part of the reason that you aren’t doing as well as you’d like. It’s self sabotage.

Where did the OP say anything about not doing as well as they'd like? What a very strange and creepy thing to say.

Puddle18

Tell employer

Definitely tell them, some one I know in the NHS got overpaid by £1000 and they kept quiet. 6 months later they were asked to pay it back when they realised some people had been overpaid. Took it all out in one chunk unless you spoke to them and arranged a monthly pay back.

AnonymousM

I haven't read the rest of the responses but this is an absolutely ludicrous and ridiculous comment to make.

TELL THEM. It might not be your mistake, but it'll be your problem when they ask you to pay it back.

Idiot.

ToxicWomble

Just go out, spend it and have a good time.
If they catch up to you,just tell them that someone on the internet said it would be fine and you don’t have to repay them.

DCFC79

Tell employer

Dox wrote: »

Why on earth does anyone need to post a question like this when the answer is so obvious to any person with a normal moral compass?

Alot of threads are like that.

gomer

I suppose it depends if the employer has a moral compas.