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Original poster

Overpaid by work - can they automatically take it back?

22 replies

Justjoinedforthis · 02/12/2019 17:45

My partner has been overpaid 2k for a company he does the odd bank shift at. Obviously we are not going to keep it, and he's got in touch with them about it, but not heard back for months. I am saying I should stick it in my premium bonds (I know they're not worth it but I like them!) until they request it back, but he is a bit worried they can automatically take it from his account. I don't believe employers can do this, does anybody know?
Thanks,

OP posts:
IcedPurple · 02/12/2019 17:48

I was overpaid at work a couple of years ago. I didn't notice it at all - it wasn't a huge amount and my pay was irregular - but I got an email from them several months later, after I'd stopped working there, telling me I'd been overpaid and would have to repay it. However, they didn't take it from my account - I don't think they are allowed to do that - but I phoned them and gave them my account details and they debited it that way. I don't think they are allowed to just take money out of your account, certainly not without warning you first.

Fireextinguished · 02/12/2019 17:50

Can't take from back account and can only take from wages with notice. Look at lawful deductions.

Irisloulou · 02/12/2019 17:50

Stick it in bonds. Don’t raise it again. 😀

I was overpaid once, I paid it back over 12 months. They had planned to just dock it from my next pay...I’d spent it!
They can’t just withdraw from your account, it’s not like a credit card is it, it’s a bacs payment.

OnlyFoolsnMothers · 02/12/2019 17:51

no they can’t take back from an account once paid- but they can take it from future wages/ start legal proceedings if he refuses to pay it back.
Need to pay it back, call them and find out how!

OnlyFoolsnMothers · 02/12/2019 17:52

Do not stick it in bonds- pay it back! It’s not worth the hassle

ElluesPichulobu · 02/12/2019 17:53

They aren't allowed to just remove it from your bank account, and there are very strict rules about deductions from salary as they have a duty of care not to trigger financial hardship (i.e. taking all your money so you have nothing for rent, bills & essentials)

So it's fine to move the money about so long as you can get it back to them with reasonable notice (e.g. 30 days) once they get their act together.

coconuttelegraph · 02/12/2019 17:54

No one can just take money from someone else's bank account so that won't happen. was his payslip wrong or was it correct and for some reason they paid him a different amount?

If it was me I'd want it to be sorted and would be ringing the payroll department to resolve it

SunnySomer · 02/12/2019 17:54

I was overpaid 5k right before last Christmas. Luckily I noticed, it would have been really easy to accidentally overspend. They paid me £250 per months for aaaaages to recoup it. It was a real faff. But they won’t just debit from your account

Hopingtobeamum · 02/12/2019 17:56

We had a case once whereby an employee was regularly overpaid on a monthly basis. Employee was aware they were being overpaid and took the money and said nothing. It came to the surface several years later at an employment tribunal. The ET was brought about because of a separate disciplinary matter, unrelated to the overpayments.
Employer and employee agreed a payback plan in phased monthly payments.

Original poster
Justjoinedforthis · 02/12/2019 18:01

Thanks for all the replies, that's good to hear. Just to reiterate, we're not going to keep it, but he's emailed and called and they are clueless as to what happened so just waiting for them to get back to us with what to do.

OP posts:
Groundfloor · 02/12/2019 18:55

An ex colleague of mine was overpaid. The employer discovered evidence that proved that the employee knew of the error and chose not to own up or repay it.

They gave it 90 days (don't know if that's a prescribed time limit or not) then dismissed them for dishonesty.

The employee took it to tribunal for unfair dismissal and lost.

ISawyouinTescoyesterday · 02/12/2019 19:38

Yes they can.

Milomonster · 02/12/2019 20:34

Why would you stick them in your premium bonds? Sounds very odd. I’d be doing everything possible to give the money back before thinking of that. If nothing has been done for months, doesn’t sound like he’s tried hard enough to get it resolved.

Celebelly · 02/12/2019 20:37

Because with premium bonds you can have access to your money within a few days and you might win a bit of extra. Why not? No real difference to it just sitting in your account.

topcat2014 · 02/12/2019 21:01

There is no mechanism for an employer to take money from your bank, so don't worry on that score. Was your pay slip actually wrong too? If so, don't forget to ask for that to be corrected, otherwise your tax will be wrong

Scotinthenorth · 02/12/2019 21:04

If you haven’t spent it then give it all back and there’s no hassle or am I Missing something?

hidinginthenightgarden · 02/12/2019 21:15

@scotinthenorth yes you are. She is trying to give it back but whilst waiting for advice on how, is thinking of sticking in bonds to get a bit of interest on it. I presume you cannot “just give it back” without the appropriate details.

Pepperwand · 02/12/2019 21:17

If they're being really slow at getting back to you but you've raised it I don't see the harm in putting it in premium bonds while it gets sorted out. You may win something, it keeps the money out of the way so you can't accidentally spend it and when they let you know how to get it back to them you can access it easily.

TeacupDrama · 02/12/2019 21:45

have you got a paper trail to prove that you told them there had been an overpayment as that will protect you against a future claim of dishonesty

ThomasShelbysBunnet · 02/12/2019 21:53

I've currently got about £1500 sitting in a savings account that I've been overpaid.

I've called my employer at least 6 times and they still haven't sent me a repayment mandate. I'm fed up contacting them and telling them it's sitting waiting to be paid back.

It's a total pain in the bum.

cheeseismydownfall · 02/12/2019 22:36

I'd just make sure that you have documented evidence of your attempts to pay it back, and then put it in premium bonds. It is perfectly understandable that you want to ring-fence it by moving it out of your current account, and premium bonds are zero risk. Just make sure you can indeed cash them in quickly though. And I would keep contacting the employer (say, monthly) until it is resolved.

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