overpayment of wages

chocolatechipcookies

I got overpaid when I left my last job. I gave proper notice, but the manager never bothered to tell payroll I left. I wrote to the company disputing the demand for the £200. This was in September. I've written three letters, and am now dealing with HR. So they're probably going to drag their feet, but if you did everything you possibly could in giving notice, you should dispute. If you just walked out without telling them, you should pay it back.

Although, ask ACAS (or someone) about the fact that you worked without a contract, I think they can get in trouble for that.

MrsTinks

chocolatechipcookies wrote: »

I got overpaid when I left my last job. I gave proper notice, but the manager never bothered to tell payroll I left. I wrote to the company disputing the demand for the £200. This was in September. I've written three letters, and am now dealing with HR. So they're probably going to drag their feet, but if you did everything you possibly could in giving notice, you should dispute. If you just walked out without telling them, you should pay it back.

Although, ask ACAS (or someone) about the fact that you worked without a contract, I think they can get in trouble for that.

Firstly no they can't get into trouble really over you not signing a contract certainly not if you were within a month of starting... All they have to say is that you were given the contract and asked to return it signed but never did...

Regardless of whether you gave appropriate notice or not the money is not yours and should be repaid - both on moral and legal grounds.

Someone rightly pointed out that they can't give you a bad reference - the worst reference you can get is no reference or a "x worked here from x date to y date. signed mr blobby".
Having employed people my self in the past then I would be concerned you were only there a few weeks unless you have a really good reason - after all how do I know you won't leave MY company after a few weeks when I have spent a lot of money on hiring and then training you?
DO NOT however omit being employed by the company from your resume! You'll probably find that any half decent company will make you sign a contract in future stating that the information provided was truthful etc etc and failing to notify them could get you instantly dismissed without notice period or compensation... Be honest and factual. Try not to go into "they smell and told me I have to pay them money back but it was their mistake" because this is the fastest way to not getting a job!

setmefree

The contract of employmentA contract of employment is an agreement entered into by an employer and an employee under which they have certain mutual obligations.
If no contract of employment exists beforehand, one will come into existence as soon as an employee starts work and, by doing so, demonstrates that he or she accepts the job on the terms offered by the employer. The contract need not be in writing, unless it is a contract of apprenticeship (employers should note however that a contract of apprenticeship may be found by the courts to be implied even if it is not in writing). Its terms can be written, oral, implied or a mixture of all three.
Implied terms might include those that are too obvious to be expressly agreed - for example, a term that the employee must accept reasonable instructions from the employer - those that are necessary to make the contract workable and those that are established by custom and practice in the particular organisation or industry concerned.

Sooler

supercrouch1 wrote: »

yeah but are you talking legally or morally as this was not my fault its the companys fault and they are now threatening me.

do you know about legally?

With no contract were they legally or morally obliged to pay you anything?

What's the point of tarnishing your reputation by not paying the money back that they paid out in error - it'll cost you far more than you stand to gain.

As they have had to make a statement about non cooperation to try to encourage you to repay their money it's probably gone a bit too far already - trying to hold out pending court action is futile - get the money to them without delay - you get your P45 and payslip. End of problem. Keep your fingers crossed when your next employer has a word with your previous employer.

marvin

Any decent employer would have you sign a contrat before you even start work with them. If no contract exists how do they enforce the rate of pay and the hours? Without the contract how can they prove over payment?

My current employer slapped a contract in front of me the day I started was told take it home read it over night and bring it back tomorrow signed!

Yes if overpayment has occurred then you do have to pay it back but if you have already spent the money then you only have to pay back about 30% and you can offer to pay it back at the rate of 1p per week which they cannot turn down. They can request a higher payment but if it was their fault they cannot insist.

Dave_®f©

If YOU overpaid someone by mistake...would YOU want your cash back when you realised your mistake?

Mikeyorks

marvin wrote: »

Yes if overpayment has occurred then you do have to pay it back but if you have already spent the money then you only have to pay back about 30% and you can offer to pay it back at the rate of 1p per week which they cannot turn down. They can request a higher payment but if it was their fault they cannot insist.

In respect of the quote above .... your signature is deadly accurate!

Any advice given by me is probably pointless and wrong and only a fool would follow it!

Mariov

no u do not have to pay the money back, becouse first of all u didn't sign
any contract saying how much u were spose to be geting payed in the first place so if they do take you to court they have no prove of how much they we're SPOSE to pay you in the first place therefore have no prove of how much they overpayed you, plus you did mention you had your payslip this is prove you worked for that money in your payslip it should show the hours you worked if these match the hours you marked down whiles you where working then your in the clear unless they have prove with your signature on it saying you didnt work these hours. but if you dnt want to wait till the satuation goes into court then you can ask them for prove they overpayed you if they cnt provide you this with your signature on it then i wouldn't worie bout it cos if they no they have no prove then they won't even take you to court the only reason why they say this is to scare you into paying them back.

Mariov

hope my recent post made since:D

thanx

mario

Mariov

althought if my advice wasn't very helpfull or understanding then you can search for professional lagel advice about stuff like this at citizens advice beareu.