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Money Moral Dilemma: Should I keep my overpaid final salary?
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Keep the money safe and do not spend any of it,also any payslips and other info. relating to the job.You've already done what's right and notified them of their mistake,just be patient and wait for them to contact you.This could most probably be sorted at the end of the tax year (april 2021),then call again or knock on their door.This is not your money.
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I was once overpaid tens of thousands of pounds on a redundancy payment. The calculation was so complicated that I didn't notice.
I was expecting an additional payment for performance. When it didn't arrive I phoned in. I was told I had been overpaid and while they would not seek to recover the overpayment, I wasn't going to get the performance pay. This was 1994 so the law may have changed but they felt they couldn't go to law to get it back. I felt no moral duty. This was a ghastly American company the government sold me to and they had no morals in their delivery against their contract with the government.
In your case you have done as much as is required. If they want the money returned they will ask for it.
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I agree to keep it ringfenced until they ask for it back.0
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I'd contact them in writing, as you won't want them chasing you up for this money when you've spent it
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It is best to be honest as they will give you a reference possibly in the future.0 -
Many years ago I worked through an agency and they messed my pay up every month despite being provided with full details of hours worked. My final payslip showed the correct amount for a change but the enclosed cheque for for the gross amount. I banked the cheque and waited for the call from them when they spotted their error. They never did, so I simply took the extra as compensation for all the messing around I'd had. As that was in the early 90s I don't think they are likely to chase me for it now.
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The other possibility that no-one seems to have picked up on is that you may have miscalculated your holiday pay and were in fact owed the money?0
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Seems it's tradition this style of thread comes up every month.Know what you don't0
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Comms69 said:It's literally a criminal offence to keep it, what's moral about this?!Sorry, but that’s preposterous! Are you seriously suggesting that if the person asking the question took no further action and simply waited to see what happens next, they’d eventually receive a visit from the Serious Fraud Office and get arrested?There’s no criminal offence occurred whatsoever. A company has made an overpayment to an individual, that’s all - the individual’s hardly hacked into their bank account and taken the money by stealth, or set out to defraud the company out of it. It’s a debt, nothing more, so would be classed as purely a civil matter in law. If the individual refused to pay it back then the company would have to resort to action in the civil courts, as they would with any unpaid debt.1
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This looks like a typical administrative error that should have been rectified immediately your former employer was notified, and will probably be picked up when the books are audited, so don't go spending the money and just put it by for now until it is claimed and recovered. Some businesses are notoriously slow when it comes to spotting oversights and dealing with them, but you can be sure that the auditor, if it's doing the job for which it's paid, will home in on the duplicated salary payment and list it among matters needing attention before the books can be signed off.0
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If you’re going to post so fervently on these ‘newsletter moral dilemmas’ at least get your facts right. There are laws against it, and yes it can be dealt with criminally, not civilly. Look up the laws on ‘retaining wrongful credit’keithyno.1 said:Comms69 said:It's literally a criminal offence to keep it, what's moral about this?!Sorry, but that’s preposterous! Are you seriously suggesting that if the person asking the question no took no further action and simply waited to see what happens next, they’d eventually receive a visit from the Serious Fraud Office and get arrested?There’s no criminal offence occurred whatsoever. A company has made an overpayment to an individual, that’s all - the individual’s hardly hacked into their bank account and taken the money by stealth, or set out to defraud the company out of it. It’s a debt, nothing more, so would be classed as purely a civil matter in law. If the individual refused to pay it back then the company would have to resort to action in the civil courts, as they would with any unpaid debt.
I even googled one for you. Note the reference to legislation, the police, and the jail time it can bring about...
https://wilson-nesbitt.com/criminal-defence/public-unclear-on-law-on-retaining-wrongful-credit/
I guess you fall into the side of the public that were ‘unclear’ on it. Better luck on the next newsletter mate.0
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