Overpaid by a job I have left.

Steve1011

Hi,

I left a job 3 months ago because I got a better job. Worked my notice and everything. After I received what I thought was my final salary, they have paid me the following two months a full salary in each!

I have let HR/payroll at the company know that I think it's an overpayment, but some weeks have gone by since I last heard from them. This last month I have not been paid by them again.

From reading online they have up to 6 years to claim that money back?! Even after I have told them and they aren't asking for it?!

Should I just stick it in a savings account and see what happens? I don't know what more I can do besides telling them I think you've overpaid me.

maisie_cat

Stick it in a savings account and when/if they ask for it you have it. It may not be picked up until year end when whichever budget holder is paying notices.
I once picked up a £60k overpayment 6 months later, the ex employee hadn't bothered t raise it but repaid it quickly from the savings account she'd paid it into.

Savvy_Sue

Savings account.

If the situation was reversed you'd expect them to pay if they realised you'd been underpaid, wouldn't you? Even if you hadn't told them you'd been underpaid.

penners324

Have you received your P45 from your old company?

Are on a BR tax code at your place?

stu12345_2

this sort of happened to me in an old job.i got too much wages one month. I didn't check my wage slip.  I spend  the money on bills.
the next month I got my wages minus  the  over payment., as I looked at my wage slip.
I complained to employer, they said they took it back as it was their right. .
I said you have left me short to pay my bills, tough luck they said.

I complained to ACAS, who said an employer must offer me a choice of how I wish to repay the overpayment before they take it back in their one full swoop ., especially if it puts you into financial difficulties, which it did.

I said I was never offered a repayment plan
ACAS  then forced my employer to give me the overpayment back into my bank.

I then agreed to repay the money over a period of 6 months via deductions from my wages.
I got an apology from my employer for doing a wage grab for the full amount, when they should have offered me a repayment plan. as it was their error for overpaying me in the first place.

Undervalued

stu12345_2 said:

this sort of happened to me in an old job.i got too much wages one month. I didn't check my wage slip.  I spend  the money on bills.
the next month I got my wages minus  the  over payment., as I looked at my wage slip.
I complained to employer, they said they took it back as it was their right. .
I said you have left me short to pay my bills, tough luck they said.

I complained to ACAS, who said an employer must offer me a choice of how I wish to repay the overpayment before they take it back in their one full swoop ., especially if it puts you into financial difficulties, which it did.

I said I was never offered a repayment plan
ACAS  then forced my employer to give me the overpayment back into my bank.

I then agreed to repay the money over a period of 6 months via deductions from my wages.
I got an apology from my employer for doing a wage grab for the full amount, when they should have offered me a repayment plan. as it was their error for overpaying me in the first place.

Legally it is as much your responsibility to check that your wages are correct as it is your employer's.

I am glad that ACAS's involvement encouraged your employer to be helpful but what you have stated above well overstates the legal position and not all employers would have been as flexible.

stu12345_2

according to acas, employers aren't allowed to do a wage grab for any overpayment, they must consult the employee and ask them can they collect the overpayment in one go in the next pay period only after consulting the employee

if employee says no, it will put me into hardship, then the employer must agree to a repayment plan with employee which happened to me and caused the employer to apologise for what they did, put the money  back in my bank and set up a repayment plan with me.

Andy_L

stu12345_2 said:

according to acas, employers aren't allowed to do a wage grab for any overpayment, they must consult the employee and ask them can they collect the overpayment in one go in the next pay period only after consulting the employee

if employee says no, it will put me into hardship, then the employer must agree to a repayment plan with employee which happened to me and caused the employer to apologise for what they did, put the money  back in my bank and set up a repayment plan with me.

ACAS has a tendency to use the word should rather than must in a lot of its info. Similar to the highway code only "must" is backed by law.

The Employment Rights Act 1996 which says

"An employer shall not make a deduction from wages of a worker employed by him unless—

(a)the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or

(b)the worker has previously signified in writing his agreement or consent to the making of the deduction."

has a specific exemption for an over payment of wages in the following section

https://www.legislation.gov.uk/ukpga/1996/18/part/II/crossheading/deductions-by-employer

It is possible that your contact may give you better rights than the legislation, but unlikely if they have just recovered it in one

Undervalued

Andy_L said:

stu12345_2 said:

according to acas, employers aren't allowed to do a wage grab for any overpayment, they must consult the employee and ask them can they collect the overpayment in one go in the next pay period only after consulting the employee

if employee says no, it will put me into hardship, then the employer must agree to a repayment plan with employee which happened to me and caused the employer to apologise for what they did, put the money  back in my bank and set up a repayment plan with me.

ACAS has a tendency to use the word should rather than must in a lot of its info. Similar to the highway code only "must" is backed by law.

The Employment Rights Act 1996 which says

"An employer shall not make a deduction from wages of a worker employed by him unless—

(a)the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or

(b)the worker has previously signified in writing his agreement or consent to the making of the deduction."

has a specific exemption for an over payment of wages in the following section

https://www.legislation.gov.uk/ukpga/1996/18/part/II/crossheading/deductions-by-employer

It is possible that your contact may give you better rights than the legislation, but unlikely if they have just recovered it in one

Exactly ^^

Plus, even if something is "backed by law", it doesn't always mean there is a practical, realistic and cost effective remedy if it doesn't happen.

It seems in Stu's case ACAS did an effective conciliation job (which is part of their role) and achieved the desired outcome. That does not mean they have the power to force the employer to comply with their guidelines. Nor can they impose any penalty, even if there was an actual legal requirement being breached.

NCC1701-A

OP - stick it in a savings account, you know the money does not belong to you.

Actually ACAS advice is rather more nuanced and agrees an employer can take an overpayment back in the next pay packet.  Also, notice the many uses of the word "should".

Hoenir

The OP has left the job and continued to be paid. A different scenario.