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AIBU?

To not pay it back?

81 replies

Whatamistakewhatamistake · 24/04/2019 21:38

Hoping you can help.
NC for this.
I left my job two months ago. They treated me crap and if I could be arsed I’d go down the route of constructive dismissal but that’s a whole other story.
My final pay at end of March was over by a full month’s salary, they paid me a full month plus the almost full month I worked in Feb.
Can they claim this back from me? I didn’t tell them. It’s £1500 after tax.

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HolyMilkBoobiesBatman · 24/04/2019 21:40

Yes they can claim it back.
They can also take a CCJ about against you if you don’t pay it back when asked. Not worth it at all regardless of how you were treated. Sorry.

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BarrenFieldofFucks · 24/04/2019 21:40

Yes they can

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BabyBadger2 · 24/04/2019 21:41

If it was a mistake and they notice, then you can be required to pay it back (I believe until 6 years have passed?)

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Yesicancancan · 24/04/2019 21:42

Yes they can. Are you sure it was a mistake? Any annual leave not used? Put yourself out of your misery and phone payroll. You could be owed it all and worry for nothing.

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TheTrollFairy · 24/04/2019 21:42

Were you owed anything? Such as holiday pay? As they would be required to pay you this if you hadn’t taken your full entitlement

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WhenISnappedAndFarted · 24/04/2019 21:42

Yes they can claim it back.

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HBStowe · 24/04/2019 21:44

Yes they can, sorry

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Whatamistakewhatamistake · 24/04/2019 21:44

They make lots of payroll mistakes, so I’m guessing that’s what it is.

Should I tell them, would I get into trouble for not telling them and letting them work it out for themselves?

It’s a big company with a huge payroll, not a struggling one man band.

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Everydaypeople · 24/04/2019 21:44

They can claim it back if they notice. Do you have a payslip to show exactly where the overpayment came from, bonus/annual leave etc

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LittleElle · 24/04/2019 21:45

You’re doing no one a favour by not perusing constructive dismissal btw

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Whatamistakewhatamistake · 24/04/2019 21:46

No it wasn’t holiday pay as that was separately detailed.

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adaline · 24/04/2019 21:46

Yes, they can ask for it back.

The company I worked for once paid everyone twice by accident. The money (of course) had to be paid back.

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Farmerswifey12 · 24/04/2019 21:47

You must have a payslip which gives a breakdown? My guess is some holiday entitlement

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JacquesHammer · 24/04/2019 21:47

Should I tell them, would I get into trouble for not telling them and letting them work it out for themselves?

Of course you should tell them. However badly they treated you, you should be the bigger person and alert them to the error.

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Everydaypeople · 24/04/2019 21:47

So what is it detailed as, ie double your normal hours or something?

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Whatamistakewhatamistake · 24/04/2019 21:48

Yes I’ve got a payslip. It says leaving salary and the hours I worked in Feb times by my hourly rate and then it says salary and a twelfth of my annual salary (how I was usually paid), plus holiday pay.

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itsnotso · 24/04/2019 21:48

They will realise at year-end at the latest (March 2020), or earlier if they have the auditors in. Pay it back, save the grief later on if you've spent it.

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HolyMilkBoobiesBatman · 24/04/2019 21:48

Morally you should tell them.
Legally it’s their mistake so I guess the onus is on them to check that everything is correct at the time of payment.

Having said that, legally that money does not belong to you and therefore they are entitled to take you to civil court to ensure you pay it back.
If you don’t pay it back, as I said before you could wind up with a CCJ to your name, making credit cards, loans, mortgages very difficult for you to take out in the future. Not to mention any legal feedback involved if it did go to court.
I hardly think it’s worth it, morally or otherwise.

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HolyMilkBoobiesBatman · 24/04/2019 21:50

Sorry, ‘feedback’ should read ‘fees’

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Lellikelly26 · 24/04/2019 21:52

If you left badly they may have paid you a month’s notice to avoid a wrongful dismissal claim

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Whatamistakewhatamistake · 24/04/2019 21:53

Thanks all. I’ll put it in my savings account and wait for them to realise. I’ll pay it back if they ask for it. With regards to morals, they have none.

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allthegoodusernameshavegone · 24/04/2019 21:54

It’s odd that any company would make errors these days, everything is usually linked to paye and linked systems. It will be picked up.

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Treaclesweet · 24/04/2019 21:54

I would keep it. Just put it to one side and don't spend it for a bit incase they notice! Especially if they fucked you over.

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Cherrysoup · 24/04/2019 21:54

They’ll notice eventually and require it back. Legally and morally, it would be wrong to keep what isn’t yours. One of my jobs did this and of course, I had to pay it back as soon as they noticed.

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Whatamistakewhatamistake · 24/04/2019 21:55

I did consider it could be a buffer against a claim but I think it’s more likely to be a mistake.

I’m doing myself a favour my ruling out a CD claim, it’s too stressful and I need to distance from it.

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