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Paid after P45 - how do I stand?

Hi all
this is my first post, so apologies if it's in the wrong place.
I left a job in April and was paid a bonus in May by ex employer; they also sent me a wage slip and letter to confirm it was paid after I'd received my P45. Now (of course) they are saying it was an error and asking me to give it back :mad: , does anyone know if I am obliged to? I genuniely thought it was mine and didn't use the money until I had the letter from payroll.
Any advice greatly appreciated

Thanks in advance!

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They are allowed to recoup wages that have been incorrectly paid - you could argue out a reasonable repayment plan though.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Does it make any difference that it was a performance related bonus, rather than salary?
  • standupguy
    standupguy Posts: 904 Forumite
    I assume the bonus relates to a period when you were employed by them and if that is the case I would argue the point that you were due to it under the terms of your employment?

    Also, you could look in your contract of employment or company HR handbook to see if this is covered?
  • geordie_joe
    geordie_joe Posts: 9,112 Forumite
    1,000 Posts Combo Breaker
    Does it make any difference that it was a performance related bonus, rather than salary?

    Yes, it makes all the difference. A performance bonus is something you earned while you were working for the company.

    Most performance bonuses are paid long after they are earned. If you increased sales in April, and qualified for a bonus you would not get that bonus in your April pay packet. The company has to wait and make sure these sales turned into revenue.

    You make a sale in April and the company delivers in April then send an invoice which has to be paid within 30 days. The invoice may not be paid until May, so your company can't include it in your bonus until it has the payment.

    I would fight it, let them show why you should not have it. You earned it while you were with the company, and the fact that it was paid after you left is no reason to demand it back.
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