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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to keep quiet about being overpaid by my ex employer

44 replies

HappilyOverpaid · 22/12/2012 09:23

I left my job a week ago. I have just looked at my bank statement and they have paid me nearly 3 times what I was expecting for the last 2 weeks I worked.

I only worked half the month and have been paid nearly 50% more than I would get for a full month.

I can't think of any logical reason, I had no holiday owing to me that they should have paid me for, no overtime, bonus nothing outstanding. Could this be a tax adjustment (payslip hasn't arrived yet so can't identify reason)? I start a new job in two weeks time so am only going to be not working for 3 weeks so wouldn't have expected a big tax adjustment as the PAYE would be done cumulatively so would only be a small adjustment to the tax I would have thought not this much.

In the past they have made some serious mistakes with my pay including massively overpaying my bonus, and due to the area of the business I worked in and needing to maintain professional integrity, I always came clean about their errors and paid the bonus back and corrected other errors they made.

AIBU to think I have left now and actually this is their mistake and keep it?

OP posts:
Eve · 22/12/2012 09:25

They will work it out at some point in the future and you will have to repay it.

Honesty is best policy.....always

ShotgunNotDoingThePans · 22/12/2012 09:26

Don't think that's how it works, sadly - you'd be very much liable to pay them back if they realised their mistake.
Probably best to contact them now and get it out of the way.

lunchbox · 22/12/2012 09:26

Well im sure they can still claim it back. I'd wait for your payslip before you go nuts spending it. They'll notice it eventually, and some poor payroll person could lose their job over it.

MrsMelons · 22/12/2012 09:26

Yes YABU it is theft if you keep it and weren't owed it. Check your payslip first to check what you have been paid for then if it is not owed to you then you need to pay it back.

LaCiccolina · 22/12/2012 09:27

Do u really think it won't b noticed at some (inconvenient) point in NY? They will ask for it back. You will have to pay if u are not entitled to it.

Fess up, they are idiots but its not worth the hassle later, is it?

BOFingSanta · 22/12/2012 09:27

Yes, I'd keep it. I suppose you should put the extra away in case they ask for it back in a reasonable time frame, but otherwise, I'd just keep it as a golden goodbye. If they ask for it back, you'll have to return it though, if you are still in that line of work or might need a reference in the future.

3b1g · 22/12/2012 09:28

You can keep quiet if you like, but I would keep the money available ready for when they discover their error and ask for it back.

The only reason I can think of for a tax adjustment is if your tax code changed mid-year, and if this happened you would know about it as HMRC would notify you.

Sausagedog27 · 22/12/2012 09:28

I'd check your payslip. Stick the extra into a separate account and then wait and see if they say anything......

VivaLeBeaver · 22/12/2012 09:30

My old job overpaid me several times. The first time I contacted them and paid the money back.

The second time I didn't realise and they told me I owed nearly 2k, but my manager said it wasn't my fault and said I could keep it.

Then when I left I should have given them a 3k bonus back as I hadn't stayed for 24 months following the bonus. But I'd spent it by then and was only a few months short of the 24 months. Don't think they realised.

I know its dishonest but if its a big business I'd be tempted to put it in a savings account for a bit and see if they noticed.

VivaLeBeaver · 22/12/2012 09:31

And if they do ask for it back they can't demand it back in a lump sum. You can come to a repayment agreement. Current job overpaid me once and we agreed to £50 a month repayment. which they never took

bradywasmyfavouritewiseman · 22/12/2012 09:32

Wait for the payslip.

But it would be illegal and (imo) morally wrong to keep it.

If you decide to anyway just make sure you have enough money to pay it back if they notice. As you don't work for then they don't have to set up a payment plan they would if you were overpaid and worked for them.

Original poster
HappilyOverpaid · 22/12/2012 09:33

See BOF that is what I am inclined to do.

I know it is dishonest but honestly their payroll department is shambolic, in the whole time I worked there which was a long time, I think I had more incorrect payslips than correct ones, I was forever fessing up to things they had got wrong. With the overpaid bonus they even told me the wrong amount, paid it then decided it was wrong and my boss actually said he thought I should be allowed to keep it but I didn't want to cause problems for myself so paid it back.

Arghhhh, I am sure the honest part of me will contact them after christmas to point out their mistake. Just so irritated that they put me in this position.

OP posts:
fortyplus · 22/12/2012 09:38

When I was a school governor the former head teacher (who had taken the school for a ride) was finally persuaded to resign and county overpaid her by nearly £3k. When the mistake came to light the cow she just said she wasn't in a position to be able to repay it and it was written off. Xmas Angry

Original poster
HappilyOverpaid · 22/12/2012 09:51

Am trying to work it all out from my P45 and the previous month's payslip, the amounts for gross pay and tax seem to stack up but don't make sense versus what they paid me, guess wait for payslip.

OP posts:
Inertia · 22/12/2012 09:57

Have you had the payslip yet ? I would wait and see whether that sheds any light on it ( keep the unexpected money separate). If the payslip doesn't explain the extra money I would write to ask payroll to give a detailed breakdown, as it's not the amount of money you were expecting. There might be a genuine reason for the overpayment .

Inertia · 22/12/2012 09:58

Cross post !

notnagging · 22/12/2012 10:02

This happened in my work place to alot of people. They took it out of their wages the next month. They can force you to make a payment plan.

OldCatLady · 22/12/2012 10:05

I'm pretty sure they get something like a year to claim it back from you, so I'd put it to one side. And maybe contact a solicitor for advice?

redexpat · 22/12/2012 10:07

Did you get paid for the first month you worked there? I know some places dont, so it could be the first month that they owe you.

TheUnsinkableTitanic · 22/12/2012 10:07

i would wait on the payslip too

ImperialSantaKnickers · 22/12/2012 10:08

I vote for putting the excess in your savings account and waiting to see what happens. Fingers crossed you can spend it on a very happy Christmas 2013.

CajaDeLaMemoria · 22/12/2012 10:09

It is 6 years that they have to reclaim the money.

ErikNorseman · 22/12/2012 10:13

I'd keep hold of it until receiving payslip/P45. If it isn't logically accounted for (ie paid you for 30 hours rather than 10) I'd try very hard to keep it put away for a couple of months then if I heard nothing I'd keep it. I wouldn't spend it now unless you know you could repay it if necessary without hardship.

ErikNorseman · 22/12/2012 10:14

If you waited til after April you would probably be ok as end of year auditing should either pick it up or not.

JamNan · 22/12/2012 10:17

Is it redundancy pay? If so, it's not liable for tax and NIC
link to HMRC here

However, if the money is not yours to keep and you do not query it with your former employers the worse case senario is that you could be charged with theft and that will look very bad on your CV/criminal record especially if you are in a profession where integrity is an essential requirement.