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AIBU?

to consider keeping an overpayment from work?

57 replies

jango36 · 21/04/2013 16:08

title says it all.. Was paid a few hundered extra this def was extra. Some admin person has done it in error! am I terrible for considering keeping stum?!

OP posts:
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TheHerringScreams · 21/04/2013 18:36

YABU.

They WILL notice, and then they could sack you, at the least you'll pay it back.

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BoffinMum · 21/04/2013 18:39

I fessed up to an overpayment once only to be told it was an enormous tax refund as they had been using the wrong code for months. But always best to put the money safe and not spend it while you work out what has happened.

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EleanorFarjeon · 21/04/2013 23:44

I was recently told by my head of dept that I have been over paid by £3500.

It was over a while and tbh, I hadn't noticed.

They are writing it off (because it is a 'small' amount), I am pleased to say.

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Bobyan · 21/04/2013 23:57

It's theft and they could prosecute you for it.

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Redcliff · 22/04/2013 00:22

They could not sack you or prosecute you over this - it is their mistake. I would drop them an e-mail though saying you got more then you expected and do they know why. Could be a tax refund - that happened to me once.

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Bobyan · 22/04/2013 06:46

Knowingly retaining a wrongful credit into an account you have the benefit of is theft according to the 1968 theft act.

But hey ho, you could just keep it and hope you don't end up in court over it.
As well as being a thief.

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scaevola · 22/04/2013 06:48

You know YABVU.

But it suppose you could enter into an agreement with them that works both ways: soif they underpay you, you cannot have it made up. Or would you prefer to have a known income?

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JakeBullet · 22/04/2013 06:55

I was in this position four years ago when my salaries department paid me a month after I had left. I contacted them and asked them to recall it, gave them all the details etc and pointed out I had left and that the bank account was closing as I had opened a new one.

Three years later I had a letter fro the bank to say they wanted to transfer/change the savings account I had with them (that I never used and didn't look at). Listed in there was over £800 which was the salary that three years before my previous employers said they would recall! When the account closed the bank had simply transferred it to the linked savings account. I had no contact from my previous employer in all that time to say they hadn't reclaimed it.

Phoned them again, they took some finding as in the time the phone numbers had all changed. Finally got through to someone and managed to speak to the salary manager who said that the company had changed...(they were now slightly differently named) and the money belonged to the old company which no longer existed! He told me to "enjoy it" and just said there was nowhere for it to go back to. A good day that was!


BUT...I absolutely DID attempt to return it and would advise you to do the same.

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ChairmanWow · 22/04/2013 07:03

It's not theft and it's not sackable. They made an admin error in calculating your pay so they can't take disciplinary action against you. They can however deduct it from your pay once they notice. Tell them otherwise you might find yourself left short when they notice. It's not worth the hassle.

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WaitingForMe · 22/04/2013 07:11

Speaking as an employer while I may not necessarily sack someone for this it would highlight that the person was either dishonest or unobservant. Neither are traits I want in my team long term and it would certainly rule them out for promotion. There is more to this kind of thing than what you can get away with.

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Bobyan · 22/04/2013 07:15

An admin error isn't theft but knowingly keeping it without saying anything is.

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Trazzletoes · 22/04/2013 07:16

Definitely theft to keep it.

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Trazzletoes · 22/04/2013 07:21

ChairmanWow why do you think it's not theft? She would be dishonestly taking money that she isn't entitled to.

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CabbageLeaves · 22/04/2013 07:22

One of my staff came to me to tell me she had been over paid. The level of trust this develops is worth lots. Ironically in her case it was her error in calculation and the pay was correct (in fact we found out she was missing one days pay.)

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NorksAreMessy · 22/04/2013 07:22

If you keep it, then you will be the sort of person that would keep money that wasn't hers.
ARE you that sort of person?

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CabbageLeaves · 22/04/2013 07:22

I wouldn't call it theft if someone did it unknowingly. It is theft if you are aware of it.

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YoniiidsAreGreaterThanMine · 22/04/2013 07:24

Even if they dont notice it and you are not repaying it, beware. Karma is a bitch. You will most probably lose a similar amount of money unexpectedly somewhere else... Grin

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CabbageLeaves · 22/04/2013 07:24

Norks has it. You can pretend you didn't spot the admin error to your employer and to yourself. But both will know its not true so that will make it theft

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Altinkum · 22/04/2013 07:26

This reply has been deleted

Message withdrawn at poster's request.

MoodyDidIt · 22/04/2013 07:33

not if you are still working there

and not if its a small company

if its your last pay cheque and its a big company, keep it like i did when i got overpaid in my last paycheque when i worked for one of the big banks who treated me like shit

FUCK EM. Lol :o

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Bobyan · 22/04/2013 07:37

Until they find out and decided to fuck you right back.

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Trazzletoes · 22/04/2013 07:39

Cabbage you're right. Theft requires dishonesty. If you honestly believe there is no error then it's fine. But you know there is an error. You know it's not yours to keep.

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merrymouse · 22/04/2013 07:48

If it is an error they will find out about it when they do monthly reconciliations/tax reporting.

You might as well tell them now and look good.

If you keep the money and it hasn't been taxed correctly and you dont inform hmrc you will be defrauding them too.

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emmyloo2 · 22/04/2013 07:49

YABU. It's stealing and you will have to pay it back. It's a criminal offence.

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Lonecatwithkitten · 22/04/2013 07:54

The OP is aware it has happened as she posted here and she is showing intent to keep by discussing here. By the nature of posting it here if she chooses to keep the amount it is theft.
Most contracts have a clause in then relating to accidental overpayment of wages and the ability of the firm to recoup now. So she may even have a contractual obligation.

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